On September 9, 2021, the Mejillones Tourist Services Association and other local community organizations brought a constitutional action before the Court of Appeals of Antofagasta challenging the rejection by the Environmental Assessment Service of Antofagasta to include climate change variables into the exceptional revision of the Environmental Assessment Resolution No 290/2007 of September 7, 2007, of the thermoelectric power plant Angamos of AES Gener company. The plaintiffs claimed that the lack of consideration of climate change violated their constitutional rights to life, equality before the law, the right to live in an environment free of pollution, and property rights. 

On August 31, 2021, the Court of Appeals of Antofagasta rejected the plaintiff's claim on procedural grounds (Case Nº 6930-2021). The Court found that the matter in question was beyond its competence, as it involved the exercise of powers belonging to the executive branch. It added that the controversy is a matter under the jurisdiction of the Environmental Court.  The plaintiffs subsequently appealed the decision. 

On April 19, 2022, the Chilean Supreme Court (Case No. 71.628-2021) overruled the decision of the Court of Appeals and upheld the plaintiff's appeal. The ruling orders the Antofagasta Environmental Assessment Service (EAS) to include environmental variations caused by climate change in the extraordinary review process of the Environmental Authorization for the project. The Supreme Court understood that the article 25 quinquies of Law No 19.300 allows this review, including variables that were not considered when granting the original resolution of environmental qualification. The judgment expressly mentions Chile's obligations under the United Nations Framework Convention on Climate Change, considering that this mechanism is applicable to regulate situations that were not previously foreseen, such as the climate change variable. Therefore, the SEA must initiate an analysis of the atmosphere component, considering the elements that have changed in the terrestrial environment caused by climate change.

Mejillones Tourist Service Association and others with the Environmental Evaluation Service (SEA) of Antofagasta

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Mejillones Tourist Service Association and others with the Environmental Evaluation Service (SEA) of Antofagasta - judgment

Filed

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.

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

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

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

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

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.

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.

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

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

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

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

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.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

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.

Mejillones Tourist Service Association and others with the Environmental Evaluation Service (SEA) of Antofagasta - judgment

Target

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance