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- FOMEA v. MSU S.A., Rio Energy S.A., & General Electric
FOMEA v. MSU S.A., Rio Energy S.A., & General Electric
About this case
Filing year
2017
Status
Pending
Geography
Court/admin entity
Argentina → Federal Court of San Nicolás
Case category
Suits against corporations, individuals (Global) → Corporations (Global) → Environmental assessment and permitting (Global)
Principal law
Argentina → Constitution of ArgentinaArgentina → General Environmental Law (Law No. 25.675)
At issue
Petition sought to block thermoelectric plant for failure to provide the required environmental certificates
Topics
, ,
Documents
Filing Date
Document
Type
Topics
Beta
12/18/2017
Intermediate order 12/18/2017 (Federal Court)
Decision
08/09/2017
Intermediate order 08/09/2017 (Court of Appeals)
Decision
06/01/2017
Intermediate order 06/01/2017 (Federal Court)
Decision
Summary
In May 2017 the environmental group FOMEA brought a preventive action against the thermoelectric power station MSU S.A. - Rio Energy S.A. and against General Electric International, inc. for its plant located in the city of San Nicolás in Buenos Aires, Argentina. The petition seeks to block the plant on the ground that its construction began without a required environmental certificate, and the plant is inconsistent with international climate agreements such as the Kyoto Protocol and the Paris Agreement because it will use fossil fuels. The complaint also relies on Argentina's civil code, Constitution and General Law of the Environment, as well as a number of international human rights treaties.
On June 01, 2017, and December, 18, 2017 the Federal Court rejected the precautionary halt of the construction of the power plant. This rejection was upheld by the Court of Appeals. Climate concerns are not expressly addressed in the orders.
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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance