order

Hahn et al. v. APR Energy S.R.L (Juvevir Asociación Civil v. APR Energy and Araucaria Energy) - order

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Hahn et al. v. APR Energy S.R.L (Juvevir Asociación Civil v. APR Energy and Araucaria Energy) - decision

complaint

Hahn et al. v. APR Energy S.R.L (Juvevir Asociación Civil v. APR Energy and Araucaria Energy) - complaint

Filing Year For Action

In November 2017, a coalition of individuals and nonprofits brought a preventive action against two thermoelectric power stations Matheu II (APR Energy) and Matheu III (Araucaria), located in the Argentinian city of Pilar. The petition seeks to block the plants on different environmental grounds, including that their construction began without a required environmental assessment, and that the plants are inconsistent with international climate agreements such as the Kyoto Protocol and the Paris Agreement because they 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 November 30 and December 21, 2017, the Federal Court of Campana granted precautionary measures halting the construction and operation of the plants. The Court based its decisions on the General Act of the Environment (Act 25.675), the protection of collective interests (Art. 14 of the Civil and Commercial Code) and the prevention of damages (Art. 1.711 of the Civil and Commercial Code). Climate impacts were not expressly addressed by the Court. These decisions were upheld by the Federal Court of Appeals of San Martin. 
After a requirement by Araucaria, on December 22, 2022, the Federal Court of Campana partially modified the precautionary measure allowing the provisional (six months) and partial (two turbines) operation of the power plant Matheu III, under the monitoring of the Municipality of Pilar. The global energy crisis and the rising of energy prices due to the Russian invasion of Ukraine were some of the grounds alleged. 
On June 29, 2023, the Court decided not to renew the partial allowance of operation of the plant Matheu III after receiving a negative report from the Municipality of Pilar due to noise pollution. It is worth mentioning that, according to this order, the company APR Energy has presented a Plan for the abandonment of the plant Matheu II.
On February 05, 2024, the Federal Court of Appeal of San Martín uphold the decision of the Federal Court regarding the operation of the plant Matheu III. Furthermore, it asked APR Energy to submit to the Ministry of the Environment a closing audit and to the water authority a notification of the activity’s cease.

Hahn et al. v. APR Energy S.R.L (Juvevir Asociación Civil v. APR Energy and Araucaria Energy)

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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.

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.

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

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.

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

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

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

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

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.

Hahn et al. v. APR Energy S.R.L (Juvevir Asociación Civil v. APR Energy and Araucaria Energy) - order

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance