judgment

Grez et al. v. Environmental Evaluation Service of Chile - judgment

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Grez et al. v. Environmental Evaluation Service of Chile - petition

Filing Year For Action

Plaintiffs challenged the environmental impact assessment of a proposed coal blasting project for failure to consider climate impacts.  The environmental court of Valdivia blocked the project on other grounds. 

In November 2018, the claimants brought a suit to challenge the environmental impact assessment of the proposed project “Incorporation of blasting as a complementary method in the mechanical extraction of sterile material in the Winter Mine."  The Commission for Environmental Assessment of the Magallanes Region and the Chilean Antarctic had initially deemed the project's declaration of environmental impacts to be environmentally unfavorable.  When the mine operator challenged this conclusion, the Executive Director of the Commission of Environmental Assessment reversed the decision, determining that the project was environmentally favorable.  Claimants asked the court to reinstate the initial determination.  They argued that the final environmental impact statement failed to consider the climate impacts of coal blasting in violation of Chile's commitments under international law, including the Paris Agreement, as well as the preventive principle.  The plaintiffs further asserted the need to eliminate the use of fossil fuels, and in particular coal, on a global level in order to reduce greenhouse gas emissions. 

In August 2019, the court issued a decision.  The court acknowledged that climate change is a global problem, but concluded that Chile's international commitments do not impose a legal requirement to consider climate change in environmental impact assessments.  The court annulled the environmental impact assessment on other grounds, in a decision that the operator has appealed.  

On June 8, 2022, the Supreme Court issued a decision declaring the appeals filed inadmissible and upholding the ruling of the Third Environmental Court.

Grez et al. v. Environmental Evaluation Service of Chile

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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

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

Actions or measures to adapt terrestrial systems to climate change.

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

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

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

The activities of industries that transforms raw materials into finished goods through industrial processes.

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 of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

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

Actions or measures to adapt freshwater systems to climate change.

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

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

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.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

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

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

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.

This sector involves the distribution, treatment, and conservation of water resources.

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

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

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

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.

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

Grez et al. v. Environmental Evaluation Service of Chile - judgment

Target

Risk

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance