In late Fall 2020, the uncontrolled burning of pastures in a Ramsar’s wetland ecosystem (Delta del Paraná) created a serious environmental conflict between different provinces of Argentina. This conflict gave place to several lawsuits seeking protection for the ecosystem, including injunctions and damages for environmental and health consequences of the fires. One of these claims introduced climate concerns.

On July 03, 2020, two NGOs and a group of children represented by their parents filed a constitutional collective claim (amparo colectivo ambiental) against three Argentinean Provinces and a Municipality. The plaintiffs allege that the government entities are failing in their duties regarding the protection and sound environmental management of the inter-jurisdictional ecosystem, which is key for mitigation and adaptation of climate change while also being at risk due to its negative impacts. The complaint asks the Supreme Court to (i) declare the ecosystem as an entity subject to rights, (ii) order the defendants to prepare and implement a coordinated environmental management and land use plan that recognizes the vulnerability of the ecosystem and its relevance for future generations, (iii) designate a ‘guardian’ for the entity, responsible for monitoring its conservation and sustainable use, as well as informing the Supreme Court about the enforcement of the judgment, and (iv) order that broad, early and effective public participation is guaranteed in any decision-making regarding the future management of the ecosystem. The complaint relies primarily on the Argentinian constitution, the Convention on the Rights of the Child, the UNFCCC, the Paris Agreement, General Environmental Law No. 25.675 and Environmental Law to Control Burning Activities No. 23.919. The complaint also references laws in other countries recognizing the rights of nature, rivers, and other non-human entities. 

On 11 August 2020, the Supreme Court made a first decision in one related case (Equística Defensa del Medio Ambiente v. Provincia de Santa Fe y ots). In the decision, the Supreme Court referred to Law 27.520 (Climate Change Adaptation and Mitigation Law) as a principal Law for the case and ordered the creation of an Environmental Emergency Committee and the submission of relevant information about the environmental problem and its management.

On 28 December 2021, the Supreme Court decided to combine all the related cases and informed that it will hand down a single judgment for all.  

Asociación Civil por la Justicia Ambiental v. Province of Entre Ríos, et al. (Delta del Paraná case)

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Asociación Civil por la Justicia Ambiental v. Province of Entre Ríos, et al. (Delta del Paraná case) - decision

Filed

Argentina

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Using laws and the legal system more broadly to protect vulnerable entities

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

woman and genders outside of the gender binary

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Asociación Civil por la Justicia Ambiental v. Province of Entre Ríos, et al. (Delta del Paraná case) - decision

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance