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The Climate Litigation Database

OAAA v. Araucaria Energy SA.

Geography
Year
2018
Document Type
Litigation

About this case

Filing year
2018
Status
Pending
Court/admin entity
ArgentinaFederal Court of Mercedes
Case category
Suits against corporations, individuals (Global)Corporations (Global)Environmental assessment and permitting (Global)
Principal law
ArgentinaConstitution of ArgentinaArgentinaGeneral Environmental Law (Law No. 25.675)
At issue
Plaintiffs sought to block thermoelectric plant on the ground that the environmental assessment of the plant was flawed
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
05/24/2019
Order 05/24/2019 (Court of Appeals)
Decision
09/10/2018
Order 09/10/2018 (Federal Court)
Decision

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.

 Topics mentioned most in this case  
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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance