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- Asociacion Interamericana para la defensa del ambiente (AIDA) v. AES Andes
Asociacion Interamericana para la defensa del ambiente (AIDA) v. AES Andes
About this case
Filing year
2024
Status
Decided
Geography
Court/admin entity
Chile → Santiago Court of AppealsChile → Supreme Court
Case category
Suits against corporations, individuals → Corporations → Climate damage
Principal law
–
At issue
Whether AES Andes violated the Constitutional right to a healthy environment.
Documents
Summary
In March 2024, residents of Tocopilla, along with environmental organizations Chile Sustentable, Greenpeace Chile, and Asociación Interamericana para la defensa del ambiente (AIDA), filed a writ of protection before the Court of Appeals of Santiago against AES Andes.
In February, AES Andes burned through 94,000 tons of surplus coal from their Norgener 1 and 2 units due to a request from the National Electricity Coordinator. Plaintiffs argued that the authorization should be revoked due to the right to life, health, and a pollution-free environment under the Chilean constitution.
In late March 2024, the Court of Appeals rejected the issuance of a preliminary injunction, allowing AES Andes to burn through the rest of the coal supply under request by the Electricity coordinator.
The Supreme Court affirmed the judgment of the Court of Appeals.