STJ Welcome Feature Of ANP And Drop Injunction Against Chevron And Transocean

abarrelfullabarrelfull wrote on 02 Oct 2012 07:01
Tags: brazil chevron s-america transocean upstream

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The National Agency of Petroleum, Natural Gas and Biofuels (ANP) managed to reverse the Superior Court of Justice (STJ), last Friday (28/9), the decision of the Federal Court of the 2nd Region (TRF-2) that determined the suspension, across the country, the activities of companies Chevron and Transocean.

The case stems from an accident that occurred during the drilling of the well situated in the Frade Field, Campos Basin, in November 2011, which caused the spill of 3,700 barrels of oil into the sea. In 2011, and before the findings of research conducted by the National Petroleum Agency (ANP), the Federal Public Ministry (MPF) filed a public civil action seeking an order Chevron and Transocean to pay a fine and the suspension of the activities of two companies in Brazil. Although denied by the trial court, the suspension was deferred at the outset, based on appeal, by the TRF-2.

In the opinion of the ANP and the AGU, pursuant to which was granted, the injunction of TRF-2 could cause serious damage to the economy and public safety. In the case of Transocean, a company specializing in the operation of probes, the total stoppage of its activities in Brazil would cause a massive interference in the oil sector. In the investigation report of ANP became clear that Transocean was not at fault in the accident.

In the case of Chevron, since the accident, its drilling activities had been suspended by the ANP. The company was authorized only to keep the damage mitigation activities, under the strict supervision of the regulatory body. However, even the latter were threatened by the decision of TRF-2.

As a result, the Federal Prosecutor with the ANP - PF / ANP judge decided before the Supreme Court, suspension of the appellate protection given by TRF-2 in late August and has not been complied with the request in the first place. On Sept. 17, a request for reconsideration was filed concurrently with regulatory appeal. On Friday (28/9) the Director-General of ANP, Magda Chambriard was received in Brasilia, at 15.30, the Minister President of the STJ, Felix Fischer, accompanied at the hearing of the Federal Attorney General, Marcelo Siqueira Freitas and Attorney General, Luís Inácio Adams, to demonstrate serious injury to public order and the economy that would be caused by the stoppage of activities Transocean and Chevron.

The Court's decision was taken at 18:30 on the 28th, with the President of STJ partially reconsidered its earlier decision "to allow the continuing activities of Transocean in Brazil than elsewhere in the Frade Field" and authorize "Chevron maintain only transactions to mitigate the damage from the accident at Frade Field, under the supervision and coordination of the ANP, given the daily exudation in the locality. "

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