Environmental impact assessment as a turning point for the effective protection of the environment, its resources, and human life

Federico José Cerdera

Land and Architecture, 2024, vol. 3, 134

Abstract: In 2023, the Supreme Court of Justice of the Province of Buenos Aires ruled on the case “Foro Medio Ambiental San Nicolás Asociación Civil y otro c/ Prochem Bio S.A. s/Amparo,” ordering the company to cease industrial activity until it obtained the required environmental permits. The ruling took a novel approach to environmental impact assessment (EIA) as a tool for evidence and a constitutional guarantee of the right to a healthy environment. The controversy revolved around the lack of environmental permits for a chemical plant that, according to the findings, was operating without complying with current regulations, posing risks to the health, environment, and self-determination of the local population. The Court determined that this was a third-category industry and gave preeminence to the EIA as a preventive technical-administrative mechanism, highlighting its legal obligation and its role in environmental planning. It also criticized previous rulings for failing to adequately apply the principles of prevention and precaution. The ruling applied an integrated interpretation of provincial environmental legislation (Laws 11,459 and 11,723), consolidating the notion of a “regulatory block.” The ruling also highlighted the importance of citizen participation and public hearings in the permit granting process. Ultimately, the ruling set a key precedent in environmental law by recognizing the EIA as a central instrument for protecting the environment and ensuring sustainable development.

Date: 2024
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:dbk:landar:v:3:y:2024:i::p:134:id:1056294la2024134

DOI: 10.56294/la2024134

Access Statistics for this article

More articles in Land and Architecture from AG Editor
Bibliographic data for series maintained by Javier Gonzalez-Argote ().