Chile
AIDA, the women's group MUZOSARE, and the civil society organization Chile Sustentable filed an administrative appeal with the National Energy Commission (CNE) to invalidate the regulation issued by that same body in October 2021, which governs the "inflexible gas" system for the entire country. This system prioritizes electricity generated from fossil gas combustion for inclusion in the grid, displacing other energy sources, including renewables. The fossil gas that benefits from this system is that which arrives in Chile through its two gasification ports (one in Mejillones and the other in Puchuncaví, both considered environmental sacrifice zones), as declared by the gas companies themselves.
The regulation governing inflexible gas is a regressive measure in climate terms and hinders the phase-out of fossil fuels. Furthermore, it has made it more difficult for cleaner energy sources, especially smaller-scale ones, to enter and remain viable.
The CNE has until February 21, 2024, to issue its ruling. Meanwhile, the same NT (National Transit Agency) is being challenged by other power generators before the Competition Authority on economic and market grounds.
The challenged regulation has an environmental and climate impact, as it artificially maintains the use of gas in energy generation, or at least increases its use compared to what it would be without the regulation. The regulation hinders the phase-out of fossil fuels in electricity generation. Furthermore, it impedes the entry and continued operation of renewable energy generators, especially smaller ones.
Lawyers from AIDA, the organization Women in Sacrifice Zones in Resistance, and the NGO Chile Sustentable. Greenpeace Andino later joined.
National Energy Commission (CNE)
Puchuncaví-Quintero and Mejillones are two environmental sacrifice zones in Chile. They are also the country's only two fossil gas regasification ports. The Puchuncaví and Quintero area is constantly plagued by mass poisonings requiring medical attention. The causes and perpetrators of these poisonings are unknown, but the symptoms are consistent with those observed after inhaling hydrocarbons and their derivatives. In addition, coal-fired, gas-fired, and combined-cycle power plants operate in the Puchuncaví bay, impacting the health of the population, exacerbating pollution in the area, and effectively suppressing the agency of local communities. These communities have not participated in the decisions regarding the installation of the industrial complex, nor are they involved in the decarbonization process announced by Chile, which will affect them.
When poisonings occur, children and young people are the most affected. Schools are usually closed, sending children and adolescents home or to medical centers. Access to education has thus been impacted by the operation of the industrial zone.
The NT contradicts:
- The principles that govern the State Administration (principle of reasonableness)
- Fundamental right to live in an environment free from pollution, enshrined in Article 19 No. 8 of the Political Constitution of the Republic
- The Framework Law on Climate Change: Principles of Non-Regression, Precautionary and Preventive.
- Principles 11 and 15 of the Rio Declaration
- International commitments on climate change signed by Chile (Global Methane Pledge, Chilean NDC updated in 2022).