In brief
On 19 February 2026, the São Paulo State Environmental Company (CETESB) published Decision No. 7/2026, which established guidelines for updating the criteria for applying penalties. Subsequently, on 2 March 2026, the agency released an updated version of Technical Instruction No. 30/2026, containing the revised criteria.
Key takeaways
The new regulations published by CETESB detail the criteria for assessing fines established under State Law No. 997/1976 and Federal Decree No. 6,514/2008, which apply, in short, to cases involving pollution, environmental degradation, and non-compliance with environmental obligations.
Considering these updates, companies are advised to review the new parameters to identify potential exposure risks, particularly in situations involving operational incidents.
In more detail
On 19 February 2026, CETESB published Decision No. 07/2025, determining the update of Technical Instruction No. 30 (IT), which deals with the criteria for assessing fines imposed by the environmental agency.
On 2 March 2026, the updated IT 30/2026 was published, introducing new criteria for the application of penalties provided for in the Regulations of State Law No. 997/1976 (State Decree No. 8,468/1976) and Federal Decree No. 6,514/2008, covering the application of penalties resulting from violations related to:
- Environmental pollution or degradation events;
- Operation of enterprises in non-compliance with environmental legislation;
- Fauna and flora;
- Obligations related to reverse logistics;
- Waste management.
Our Environment, Climate Change, and Sustainability team is closely monitoring the issue and remains available to provide clarification on the new provisions.
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Giovani Bruno Tomasoni and Manuela Demarche Mello, Partners, and Daniela Geib, Associate, Trench Rossi Watanabe, have also contributed as co-authors to this Legal Update.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.