The importance of evidence in environmental matters

Yanina Elisabeth Cerdeira and Mirna Lozano Bosch

SAP Environmental Research and Ecotoxicity, 2022

Abstract: The Argentine Chamber of Fireworks Companies (CAEFA), together with private traders, brought legal action against the Municipality of Paraná, challenging the constitutionality of Decree No. 1469/2017, which prohibited the sale of fireworks to the public. The plaintiffs argued that the regulation violated the right to free trade and infringed on federal powers. The Municipality, in its defence, raised objections of lack of jurisdiction and lack of standing, arguing that the decree fell within its police powers. The trial judge dismissed the lawsuit and upheld the validity of the decree, prompting the plaintiffs to appeal. The Second Chamber of Appeals in Civil and Commercial Matters - Courtroom III - reviewed the case, noting the lack of relevant evidence provided by the plaintiffs. Even so, it requested an expert opinion to determine the damage caused by fireworks to health and the environment. The judges emphasised that declaring a law unconstitutional should be a last resort and that the municipal authority to regulate the use of fireworks was supported by national and provincial legislation. They also stressed that the analysis should focus on environmental and health damage, especially to people with autism spectrum disorders, animals and the community in general. Finally, the Chamber decided to uphold the first instance ruling and dismiss the appeal, arguing that free trade arguments could not prevail over the protection of the environment and public health.

Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:cwf:ereart:ere202233

DOI: 10.56294/ere202233

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