A ruling by the Court of Justice of Catamarca accepted as “appropriate” an amparo action filed by a local community, which claimed a deterioration of the environmental resources of that province. Particularly in the Los Patos stream basin, where it is found the Salar del Hombre Muerto lithium project.
The provision partially gives rise to the requested precautionary measure and orders it no new mineral exploration permits are granted – from now on – in the area until a “global and cumulative” environmental impact study is carried out.
The enforcement action is not new. It was presented in 2021 by Román Elías Guitian, representing the Atacameños Indigenous Community. But the Court issued its ruling on March 13. The Saline dell’Uomo Morto project It is operated by the Arcadium Lithium mining company, the company was born from the merger between Livent and Allkem.
The sentence states verbatim that the Court decided to “order the Ministry of Mines of the Province of Catamarca… carry out a cumulative and comprehensive study on the environmental impact of the development of mining (lithium), which should deal with the environmental impact accumulated on the Los Patos River – Salar del Hombre Muerto – Dpto Antofagasta de la Sierra, on the landscape, on the fauna and flora of the place, on the climate and on the environment in general, such as the living environments conditions of the local inhabitants and the affected indigenous community”.
The ruling also states that “the Ministry of Mines of the Province of Catamarca and the Ministry of Water, Energy and the Environment must abstain, granting of new permits/authorisations, or environmental impact declaration (pursuant to the Mining Code and the Water Law of the Province) in relation to works or activities in the Los Patos River – Salar del Hombre Muerto – Antofagasta de las Sierras Department, until the completion of the cumulative and comprehensive environmental impact study” .
Among the reasons, the Court explained through the ruling that Catamarca authorized the mining projects in question in the Salar del Hombre Muerto basin “without respecting the applicable legislation, since information on the projects was not provided to the population nor was it guaranteed their participation”. public consultation nor carried out an environmental impact assessment”.
As regards the national State, the sentence indicates that “it has not respected the duties responsible for guaranteeing the effectiveness and exercise of the rights of indigenous peoples”.
The decision of the Justice of Catamarca has no impact on projects currently under development, according to company sources. Otherwise, advise on the activity of future projects until the environmental report is submitted.
Sources linked to the issue, both mining and political, underline that the controversy is part of a clash that the provincial government – led by Raul Jalil – has had with the justice system of that province since last year.
These same sources commented that the members of the Court They were not willing to cut their budgets although President Milei had no intention of sending the documents to the provinces. He initiated an initial dispute over the approval of the budget for his members.
Then came the truce on this conflict and now the problem arises again in the context of the country’s confirmation that it will not send the budget items.
Source: Clarin
