CODESCA and others vs. Environmental Assessment Service (SEA) of Chile for citizen participation

The case arose from the environmental approval of the "Central Eléctrica Canelillo" project, a diesel-based backup power generation plant with a capacity of 120 MW, located in the Coquimbo Region.

The project was approved by the Coquimbo Environmental Assessment Commission in 2020, and subsequently, in 2021, the Environmental Assessment Service (SEA) rejected an appeal against said approval. In response, the Amolanas Social and Cultural Development Corporation (CODESCA) filed a claim with the First Environmental Court, arguing that:

1. The impacts on livestock transhumance, a key practice in the area, were not adequately considered.
2. The effects of the project on soil, water, flora and fauna were not properly assessed.
3. The right to citizen participation was not fully respected, since the community learned about the project through its own means and not through the efforts of the SEA.
4. Climate change was not considered in the environmental assessment of the project, despite it being a fossil fuel-based power plant with greenhouse gas (GHG) emissions.

On September 20, 2022, the First Environmental Court rejected the claim , confirming the approval of the "Central Eléctrica Canelillo" project and dismissing the existence of significant impacts not considered in the environmental assessment.

The Court's decision was subsequently challenged before the Supreme Court, where the appeals on points of law and substance were also rejected, confirming the legality of the project's approval.

On July 10, 2024, the Supreme Court resolved the Appeal for Cassation filed by the claimant, rejecting the appeals for cassation in form and substance presented and ratifying the approval of the project.

The case has concluded and the project has been given the green light for construction. It is currently in the pre-construction phase.

The plaintiffs argued that the project's approval goes against the country's climate commitments, noting that:

• This is a fossil fuel-based plant, which will contribute to the increase in GHG emissions.

• Its approval contradicts Chile's Decarbonization Plan, which sets a 50% reduction in carbon emissions by 2025 and the closure of 28 thermoelectric plants by 2040.

• The precautionary principle was ignored, as the impacts of climate change were not adequately assessed.

The Environmental Court held that at the time of the project's evaluation there was no express legal obligation to consider climate change within the Environmental Impact Assessment System (SEIA).

He also dismissed the claim that the project was incompatible with Chile's Decarbonization Plan, noting that this plan is a public policy, but it is not binding in the environmental assessment of individual projects.

In its ruling, the Supreme Court noted that at the time the project was approved, there was no explicit legal obligation to assess climate impact within the Environmental Impact Assessment System (SEIA). Therefore, it dismissed the argument that the lack of consideration for climate change was a defect that would invalidate the project's environmental approval.

• Amolanas Social and Cultural Development Corporation (CODESA), representing local communities in the town of Amolanas

• The Environmental Assessment Service (SEA)
• Generadora Canelillo SpA, owner of the project

The community of Canela, in the Coquimbo Region, is composed mainly of livestock farmers who practice transhumance, a traditional livestock activity that involves the seasonal movement of animals in search of fresh pastures. This way of life has been passed down through generations and is fundamental to the local economy and the preservation of its cultural identity.

The approval of the "Canelillo Power Plant," a 120 MW backup plant that will operate with diesel generators, has generated concern among residents. They fear that the construction and operation of the plant will negatively affect their livestock farming practices, the local environment, and consequently, their quality of life.

National Laws:

• • Political Constitution of the Republic
  • Law 19300 on general principles of the environment

Beginning

• • Principle of Citizen Participation
  • Preventive Principle
  • Precautionary Principle
  • Principle of Coordination

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