decision

Astorga and Others vs. Environmental Assessment Service (SEA) - decision

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Litigation

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On December 3, 2021, the claimants filed a judicial complaint under Article 17, No. 6 of Law No. 20.600 against Resolution Exenta No. 202199101608, issued on October 20, 2021, by the Committee of Ministers. This resolution rejected an administrative complaint against Resolution Exenta No. 12 (RCA), which had granted environmental approval for the “Concesión Vial Puente Industrial” project in the Biobío Region. The claimants contended that the project failed to adequately consider risks outlined in Article 11 of Law No. 19.300, including public health (letter a), adverse effects on water and soil (letter b), disruption of human systems and customs (letter c), and impacts on cultural heritage and environmental values (letter d). They also asserted that climate change scenarios were insufficiently evaluated, particularly concerning effects on water resources, natural systems, and extreme precipitation events.

The Committee of Ministers defended its decision, arguing that all observations had been reviewed and addressed. They stated that SEIA regulations do not explicitly require the consideration of climate change, but that the most adverse simulated scenarios indirectly accounted for it by addressing concerns about maximum precipitation and water flow. Additionally, they dismissed the need for indigenous consultation, stating that no culturally significant sites or indigenous resources were affected. They highlighted sufficient mitigation measures for impacts on the Los Batros wetland, including fauna relocation and horticultural compensation, while maintaining that the project complies with legal and environmental standards.

On December 28, 2023, the Environmental Tribunal rejected the claimants' judicial challenge. The tribunal found the administrative process generally adequate, noting a minor procedural deviation regarding the lack of evaluation of cumulative and synergistic effects on soil, but ruled this deviation insufficient to invalidate the resolution. It confirmed that public observations concerning health risks, climate change, and wildlife were properly addressed under Law No. 19.300 and SEIA regulations. The tribunal also dismissed the need for indigenous consultation and determined there were no significant impacts on the Los Batros wetland, cultural heritage, or human activities systems.

On January 17, 2024, a group of claimants filed a cassation recourse on the merits against this ruling. However, on July 29, 2024, the Supreme Court declared the recourse inadmissible due to a clear lack of legal grounds.


Astorga and Others vs. Environmental Assessment Service (SEA)

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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.

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

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.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Actions or measures to adapt terrestrial systems to climate change.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

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

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

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions to adapt human health, healthcare systems and well-being to climate change.

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.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Activities that relate to the production of goods and services from forests.

Actions or measures to adapt freshwater systems to climate change.

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

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.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

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

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

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

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

This sector provides communication services, software development, and IT solutions.

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

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

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities to move goods and people, alongside the storage of products.

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.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Astorga and Others vs. Environmental Assessment Service (SEA) - decision

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Economic sector

Adaptation/resilience

Finance