Brazil Potash confirms fresh stoppage request may be served on Autezes project
Brazil Potash Corporation has become aware through publicly available court records that the Brazilian Federal Public Defender's Office (BFPDO), acting on behalf of certain indigenous organisations opposed to the Autazes potash project, in Amazonas State, has filed an application to suspend provisional relief directly with the President of the Brazilian Supreme Federal Court.
The company has, however, not been formally served with the filing.
Brazil Potash clarifies that the application is not a new lawsuit and does not introduce any new allegations or new underlying facts, rather it is a procedural request within the scope of the existing Public Civil Action that was launched by the BFPDO in December 2016.
The Autazes project has been the subject of extensive litigation over the past several years.
The latest application seeks to overturn recent decisions of the Federal Regional Court of the First Region that were issued in favour of Brazil Potash, to suspend installation activities related to the project.
Brazil Potash says it is reviewing the new filing and preparing its response, as advised by its external Brazilian counsel.
“We intend to vigorously defend our position and continue to believe that our legal position is well supported by the existing judicial record, the multiple favourable decisions having been made by the court already and a recommendation by the Office of the Prosecutor General of Brazil that the latest application not be heard,” the company says.
Brazil Potash ultimately considers this filing to represent another procedural development within existing litigation, rather than a new legal proceeding or a new substantive challenge to Autazes.
The company aims to develop Autazes to produce sustainable fertilisers for domestic use, since Brazil is highly dependent on fertiliser imports in its agriculture sector, despite having one of the world’s largest undeveloped potash basins.
Brazil Potash is confident that Autazes can produce 20% of Brazil’s local potash demand.