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Argentina

Guillermo Tristan Montenegro v. Ministry of Environment and Sustainable Development

Jurisdiction: Federal Court of Mar del Plata N. 2


Side A: Guillermo Tristan Montenegro (Individual government)


Side B: Ministry of Environment and Sustainable Development (Government)


Core objectives: Whether the Ministry of Environment and Sustainable Development decision to approve the offshore exploration of fossil fuels must be halted and declared null and void for its impacts on climate change. 


Summary
On December 30, 2021, the Ministry of Environment and Sustainable Development published Resolution 436/2021 approving the implementation of an offshore seismic acquisition project submitted by the Norwegian company Equinor. This approval of offshore fossil fuel exploration resulted in several lawsuits seeking an injunction to halt the project and an order declaring the approval’s regulations null and void. Some of those lawsuits are, partially, grounded on climate concerns. Other relevant cases can be found here and here.

On January 13, 2022, the Mayor of the City of Mar del Plata filed a constitutional collective action (amparo colectivo ambiental) against the Ministry of Environment and Sustainable Development for its approval of the offshore exploration activities. Among other concerns regarding access to environmental information and participation in the decision making-process (citing the Escazú Agreement), the claim mentions that the project undermines Argentina’s international climate commitments (UNFCCC, Paris Agreement, and NDC to the Paris Agreement), that the NDC is not sufficiently ambitious, that the National Adaptation and Mitigation Plan is missing, and that, ultimately, there is regulatory incoherence between the project and the climate pledges. 
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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