Modatima et al v. Environmental Assessment Agency (SEA)

On January 17, 2024, the petitioners, in accordance with Article 53 of Law No. 19,880, have filed an administrative invalidation claim against Resolution Exempt No. 202399101873, dated November 8, 2023 (R.E. 202399101873/2023), issued by the Executive Director of the Environmental Assessment Service (SEA), in her capacity as Secretary of the Committee of Ministers, for having deemed the Environmental Impact Study of the "Los Bronces Integrado" mining project environmentally favorable. The project, intended for the extraction of copper and molybdenum and located in the Metropolitan Region of Santiago, 65 kilometers from the city of Santiago, is challenged due to alleged illegalities in the resolution. The contested resolution seeks to continue the exploitation of the "Los Bronces Integrados" mining project, owned by Anglo American S.A., which was approved in different resolutions in 2007 and 2015. Afterward, the company requested new permission to optimize and adapt the original exploitation plan. On April 22, 2022, the SEA resolved that the project holder did not provide sufficient information to rule out the generation of health risks for the population, deciding to unfavorably qualify the project because it did not adequately determine the area of influence of the air quality component of the project, nor did it provide enough information to rule out health risks to the population, according to Articles 11(a) and 16(4) of Law No. 19,300, and Articles 2(a), 5, 18(d), and 62 of the SEIA Regulations. Against the negative resolution, nine administrative appeal claims were filed, and the project proponent submitted additional background information. On April 14, 2023, the claimants opposing the project also provided further background information, which, according to them, was not considered by the administrative authority and was violating their rights. It is explained that on November 8, 2023, the Executive Director of the Environmental Assessment Service, acting as the secretary of the Committee of Ministers, decided to reject the appeal claims filed by the non-proponents of the project and instead to accept the appeal claim filed on behalf of the project's proponent, thereby qualifying the "LOS BRONCES INTEGRADO" project environmentally favorable. The claimants allege that Resolution Exempt No. 202399101873, dated November 8, 2023 (R.E. 202399101873/2023), which favorably qualified the project, fails to fulfill Chile's climate obligations and human rights commitments, including the lack of consideration of the climate factor in the Environmental Impact Assessment. They add that the resolution that qualifies the project as environmentally favorable is illegal because the project poses a serious threat to the nearby glaciers in its area of influence, will increase the water scarcity already affecting the Metropolitan and Valparaiso Regions, will increase atmospheric pollution and harm the health of the population, generating an atmospheric catastrophe and severe damage to ecosystems. They argue that the project threatens serious human rights violations, such as the right to health, the right to live in a healthy environment, the right to life, the right to food, and the right to water, and that the contested act violates the precautionary principle. The claimants request that the SEA invalidate the resolution that environmentally qualified the project as favorable, arguing that it contradicts the law. Concurrently, while the invalidation request is being processed, they seek an interim provisional measure to immediately suspend the effects of the contested act or any other appropriate measure.