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The Climate Litigation Database

Asociacion Interamericana para la defensa del ambiente (AIDA) v. AES Andes

Geography
Year
2024
Document Type
Litigation

About this case

Filing year
2024
Status
Decided
Court/admin entity
ChileSantiago Court of AppealsChileSupreme Court
Case category
Suits against corporations, individualsCorporationsClimate damage
Principal law
At issue
Whether AES Andes violated the Constitutional right to a healthy environment.
Topics
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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.

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Group
Topics
Policy instrument
Risk
Impacted group
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector