Mejillones Tourist Service Association and others with the Environmental Evaluation Service (SEA) of Antofagasta
Jurisdiction: Court of Appeal of Antofagasta of Chile; Supreme Court of Chile
Principle law(s): Law 19.300 on on General Bases of the Environment
Side A: Mejillones Tourist Service Association and others (Ngo)
Side B: the Environmental Evaluation Service (SEA) of Antofagasta (Government)
Core objectives: Whether the environmental assessment of an thermoelectric power plant should consider climate change.
SummaryOn September 9, 2021, the Mejillones Tourist Services Association and other local community organizations brought a constitutional action before the Court of Appeals of Antofagasta challenging the rejection by the Environmental Assessment Service of Antofagasta to include climate change variables into the exceptional revision of the Environmental Assessment Resolution No 290/2007 of September 7, 2007, of the thermoelectric power plant Angamos of AES Gener company. The plaintiffs claimed that the lack of consideration of climate change violated their constitutional rights to life, equality before the law, the right to live in an environment free of pollution, and property rights.
Related laws and policies
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...