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The Climate Litigation Database
Litigation

OAAA v. Araucaria Energy SA.

Date
2018
Geography

About this case

Documents

Filing Date
Type
Document
Summary
05/24/2019
Decision
Order 05/24/2019 (Court of Appeals)
09/10/2018
Decision
Order 09/10/2018 (Federal Court)
07/01/2018
Complaint

Summary

In July 2018, an environmental group brought a preventive action against the thermoelectric power station Lujan II, located in the Argentinian city of Luján. The petition seeks to block the plant on the ground that the environmental assessment of the plant was flawed, 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 September 10, 2018, the Federal Court dismissed the case considering that the alleged environmental damage was merely hypothetical. On May 24, 2019, the Federal Court of Appeals of San Martin upheld the judgment. Climate impacts or grounds are not expressly addressed by the orders. The dismissal was appealed before the Supreme Court. An appeal was brought before the Supreme Court in 2020.