Brazil: STJ Rules in Favor of 45 Farmers Against Atvos Mill Over Sugarcane Fly Infestation

Brazil's Superior Court of Justice (STJ) has upheld a significant ruling in favor of 45 rural producers against an Atvos sugar and ethanol mill located in Costa Rica, Mato Grosso do Sul, 326 km from Campo Grande. This dispute has been ongoing for over a decade. The farmers' complaint centered on the excessive discharge of vinasse into the soil, which led to a proliferation of stable flies, also known as sugarcane flies. These insects feed on blood, making them a significant parasitic threat to local livestock farming. The lawsuit began in 2015. A group involved in dairy farming sued Brenco Brazilian Renewable Energy Company and Atvos Agroindustrial, one of Brazil's largest biofuel producers. In 2023, Judge Laísa de Oliveira Ferneda Marcolini of Costa Rica ruled that the mill must regulate its vinasse disposal. The court mandated periodic maintenance of pipelines, ensuring the quantity applied could be absorbed by the soil, and proper management of the composting area. At the time, Atvos argued that applying vinasse to crops was a lawful practice adopted by over 370 mills and distilleries in the country. They also stated that vinasse, when applied in recommended doses, is beneficial for soil fertilization, and that the fly in question is common in areas with livestock activity, organic matter, and suitable climatic conditions.