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Guillermo Tristan Montenegro v. Ministry of Environment and Sustainable Development - petition

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Guillermo Tristan Montenegro v. Ministry of Environment and Sustainable Development - decision

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Guillermo Tristan Montenegro v. Ministry of Environment and Sustainable Development - appeal

Filing Year For Action

On December 30, 2021, the Ministry of Environment and Sustainable Development published Resolution 436/2021 approving the implementation of an offshore seismic acquisition project submitted by the Norwegian company Equinor. This approval of offshore fossil fuel exploration resulted in several lawsuits seeking an injunction to halt the project and an order declaring the approval’s regulations null and void. Some of those lawsuits are, partially, grounded on climate concerns. Other relevant cases can be found <a href="https://climatecasechart.com/non-us-case/greenpeace-argentina-et-al-v-argentina-et-al/">here</a> and <a href="https://climatecasechart.com/non-us-case/organizacion-de-ambientalistas-organizados-v-ministry-of-environment-and-sustainable-development/">here</a>.

On January 13, 2022, the Mayor of the City of Mar del Plata filed a constitutional collective action (amparo colectivo ambiental) against the Ministry of Environment and Sustainable Development for its approval of the offshore exploration activities. Among other concerns regarding access to environmental information and participation in the decision making-process (citing the Escazú Agreement), the claim mentions that the project undermines Argentina’s international climate commitments (UNFCCC, Paris Agreement, and NDC to the Paris Agreement), that the NDC is not sufficiently ambitious, that the National Adaptation and Mitigation Plan is missing, and that, ultimately, there is regulatory incoherence between the project and the climate pledges. 

On January 14, 2022, all the three climate lawsuits against the offshore exploration activities (together with other non-climate related cases) were combined, and the court will hand down a single judgment for all.  

On February 11, 2022, the Federal Court of Mar del Plata ordered a halt to the fossil fuel exploration activities. The order does not make any mention of climate change concerns. Instead, the judge focuses on failures regarding procedural rights (participation and information) with explicit mention of the Escazú Agreement, lack of strategic environmental assessment, and possible risk to marine biodiversity. In the decision, the precautionary principle plays a key role. On February 15, 2022, the government filed an appeal to the injunction order. In its appeal, the government is also asking for the removal of the judge from the case. On February 18, 2022, a different judge (Federal Court of Mar del Plata N.4) allowed the appeal to proceed with suspensive effect. That means that the exploration activity can go ahead until the Federal Court of Appeal revises the injunction order.  

On June 3, 2022, the Federal Court of Appeal (Federal Chamber of Mar del Plata) annulled the injunction relief delivered by the Federal Court on February 11, 2022. However, at the same time, the Court ordered the Ministry of Environment and Sustainable Development, as a new injunction, to issue a new complementary environmental impact assessment that considers possible cumulative impacts of the activities. In this new assessment, the spatial and temporal scope of the project's implementation must be analyzed and weighed. It is also mandatory to include the participation of the National Parks Administration and to consider the results of the public consultative hearings, organized at both local (public hearing initiated on 30 May 2022), and national levels (public consultation which ended on 19 May 2022). Finally, the Court asked for the inclusion of the Ministry of Environment and Sustainable Development in the control and monitoring of compliance with the Environmental Impact Statement and its corresponding Environmental Management Plan (a task before assumed only by the Secretary of Energy). In this sense, exploration activities should stop (again) until all these requirements are met. Climate arguments were not developed by the Court of Appeal.

On December 5, 2022, the Federal Court of Appeal (Federal Chamber of Mar del Plata) considered that the authority had met all the requirements asked in its order of June 3th. That implies the termination of the injunction and, therefore, the exploration activity can go ahead until a final decision on the merits is delivered. Climate arguments are, once again, absent in the Court of Appeal's decision. The plaintiffs announced their intention to appeal this decision before the Supreme Court. 

On March 14, 2024, the defendants —corporations and the National State— submitted their written replies to the complaint. 

Guillermo Tristan Montenegro v. Ministry of Environment and Sustainable Development

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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

This sector involves the wholesale and retail selling of goods.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

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

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.

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.

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

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

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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.

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.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

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.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

A company that is owned wholly or partially by the state, typically operating in key sectors.

Dedicated pool of financial resources for climate-related projects.

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.

woman and genders outside of the gender binary

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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.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

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

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.

Guillermo Tristan Montenegro v. Ministry of Environment and Sustainable Development - petition

Target

Policy instrument

Impacted group

Just transition

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance