Jara Alarcon Luis /Environmental Assessment Service

Chile

Jurisdiction: Segundo Tribunal Ambiental

Principle law(s): Law 19.300 on on General Bases of the Environment

Side A: Jara Alarcon Luis (Individual)

Side B: Environmental Assessment Commission of the Tarapacá Region (Government)

Core objectives: Relevant considerations in environmental impact assessment in the context of mining project under climate change regime

Summary

Plaintiffs challenged the environmental impact assessment for the continuation of a mining project in Cerro Colorado, in the Taparaca Region of Chile. The main claim refers to the lack of due consideration of citizen observations on the mining project's impact on groundwater resources and related surface ecosystems.

The court did not question the methodology for evaluating the impact on water resources, nor did it annul the mitigation measures originally imposed within the evaluation process. Quite the opposite, it considered that these measures were aligned with the relevant norms. However, the Tribunal considered that a proper approach considering the country's international commitments under the UNFCCC and the Paris Agreement also requires the incorporation of climate change scenarios. Thus, it requires re-assessing the mitigation measures regarding the extraction of groundwater water resources in the area in light of current and potential climate change impacts.

Case documents

Judgment (Spanish)

Related laws and policies

This law implements Chile legislation

Law 19.300 on on General Bases of the Environment

Passed in 2021 Legislative

This law establishes the right to live in a pollution-free environment, the protection of the environment, the preservation of nature and the conservation of environmental heritage. Article 70 notably charges the relevant ministry to propose policies and formulate plans, programs and action plans...