Buenos Aires San Nicolás Argentina
The Civil Association, San Nicolás Environmental Forum (FOMEA) filed a legal action against the company Atanor SCA, which it accuses of generating pollution and environmental damage in the region.
The company put into operation a plant intended for the production of the herbicide TRAC 90 WG (90% atrazine in dispersible granules) in San Nicolás, Buenos Aires province in 2019. This plant was built without the necessary legal permits, which provoked a strong reaction from the local community who maintain that Atanor SCA began operating the plant without having an Environmental Suitability Certificate (CAA), nor having carried out the environmental risk analysis required by the Provincial Agency for Sustainable Development (OPDS).
In this context, FOMEA argued that the operation of the atrazine plant not only violated local and national environmental laws, but also endangered the health of residents, caused pollution and environmental damage, and contributed to climate change. It demanded the immediate cessation of polluting activities and the implementation of corrective measures, requesting the rigorous enforcement of existing environmental regulations and effective sanctions against the company. This was done to demonstrate the need for greater corporate responsibility in environmental matters.
In 2020, the Inter-American Commission on Human Rights (IACHR) intervened in the case after receiving a complaint regarding human rights violations due to the environmental risks posed by the Atanor plant. The IACHR requested a detailed report from the Argentine government on the measures taken to protect the community affected by the plant's activities.
In 2024, a significant incident occurred: an explosion at the Atanor plant. This event not only reignited concerns about the safety of the company's operations but also confirmed residents' fears about the inherent risk of having such a plant in a populated area. The explosion caused material damage to the plant and alarmed the surrounding community, prompting further complaints and public outcry.
FOMEA responded to this incident and filed a formal complaint in court. In this new filing, it was alleged that the explosion confirmed the constant danger posed by the plant's operation, both to the environment and to the safety of nearby residents. FOMEA argued that the environmental risk is no longer merely theoretical, but has now been demonstrated by a catastrophic event such as the explosion, which warrants immediate legal action. The case is currently before the Civil and Commercial Court No. 3 of San Nicolás.
Judicial Instances
On August 15, 2019, Atanor SCA responded to the lawsuit, arguing that they had begun the process of obtaining the necessary permits. They stated that their operations were in compliance with the relevant regulations and that they were in the process of regularization. However, FOMEA challenged this response, pointing out that the plant was already operating without the Environmental Suitability Certificate (CAA) and without having submitted an environmental risk assessment.
Atanor also filed a complaint of lack of standing against FOMEA, arguing that the association was not authorized to represent the affected residents, since they did not have a direct damage.
On October 18, 2019, FOMEA filed for an injunction to immediately halt operations at the plant, arguing that operating without the proper permits posed a serious risk to public health and the environment. It also requested that the judge order the plant to be relocated to a more suitable area, farther from urban zones.
On November 1, 2019, the judge decided not to grant the precautionary measure requested by the plaintiff, arguing that granting what is requested in the state of the case would entail the risk of resolving the substance of the issue in debate in advance without the necessary probability of the right invoked -fumus boni iuris- , potentially harming both the defendant and the plaintiff.
The civil association presented scientific studies from CONICET, which demonstrated the toxicity of atrazine to aquatic organisms and the risk it represented to public health since the plant spreads atrazine residues throughout its environment.
In June 2023, FOMEA reported several subsequent events, including the summons for questioning of Atanor's directors for the commission of the crime of violation of the law of hazardous waste in which they are charged with massive contamination of the environment and attack on public health, in that file also the contaminant with the greatest presence and environmental dispersion is atrazine.
Implementation
The Correctional Court No. 3 of San Nicolás issued an injunction suspending all activities at the plant. The Province of Buenos Aires opened a public consultation so that residents could express their opinion on whether or not the plant should reopen. The company submitted a new Environmental Impact Assessment and an updated Environmental Management Plan. The company was fined 150 million pesos in 2023 for polluting the Paraná River. The court deemed the environmental damage irreversible and irreparable. The plant has been closed since March 2024, following an explosion in one of its reactors. The company was shut down due to the high risks it posed to the residents of San Nicolás.
The manufacture of herbicides like atrazine requires energy-intensive industrial processes that generate carbon dioxide (CO₂), methane (CH₄), and nitrogen oxides (NOₓ). The sum of these greenhouse gas emissions contributes to global warming and climate change, with detrimental effects on the environment and society.
The preventive action for harm and the precautionary measure in this case address the challenges involved in the manufacture of this product, which is banned in several countries due to its harmful effects on human rights such as health and the environment.
It is argued that the plant began operating without the Environmental Suitability Certificate (CAA), required by the Provincial Agency for Sustainable Development (OPDS), nor with the environmental risk analysis, mandatory for high-risk activities such as atrazine production. Furthermore, it is alleged that the plant violated the provisions of the General Environmental Law (25.675) by failing to hold the necessary public hearings before starting operations, and that the lack of citizen participation was seen as a violation of the human rights of local residents, who were denied the opportunity to express their concerns or participate in the environmental impact assessment process.
Furthermore, the plant's proximity to densely populated areas increases the risks associated with industrial accidents, such as explosions and fires, whose devastating effects have been previously reported by the community. The lack of a comprehensive environmental impact assessment endangers both the environment and public health.
- Civil Association Environmental Forum" (FOMEA).
- Civil Association for Environmental Protection of the Río de la Plata, pollution control and habitat restoration.
- Atanor S.C.A.
The plant is located in the city of San Nicolás de los Arroyos, in the province of Buenos Aires, Argentina. Geographically, San Nicolás is situated on the banks of the Paraná River, one of the most important rivers in South America, which is a crucial natural resource for navigation, water supply, and the region's industrial activities.
It is located in an industrial area near the city. However, the plant's proximity to densely populated urban areas raises concerns about environmental and health impacts due to the emission of pollutants such as toxic gases, particulate matter, and water contamination.
The surrounding area is primarily industrial and urban, with various productive activities, including heavy industry and agriculture. Proximity to the Paraná River and the lack of potable water networks in certain areas make water a vital resource for both nearby communities and the plant itself, which uses large quantities of water to operate. This situation poses risks to both public health and the local ecosystem, as the discharge of untreated effluents and other industrial waste can affect both water quality and nearby aquatic ecosystems.
International agreements/treaties
- American Convention on Human Rights, Additional Protocol of San Salvador.
- International Covenant on Economic, Social and Cultural Rights.
- Declaration of the United Nations Conference on the Human Environment (Stockholm 1972), particularly Principle 13.
- Rio Declaration on Environment and Development (Rio de Janeiro, 1992), Principle 3 and Principle 4.
- United Nations Framework Convention on Climate Change (UNFCCC)
- Inter-American Commission on Human Rights (IACHR)
National laws
- National Constitution -art. 41- and in accordance with the terms of articles 43, 75 inc. 22 and conc. of the Magna Carta.
- General Environmental Law No. 25,675
- Comprehensive Management Law for Industrial and Service Activity Waste No. 25,612
Provincial laws
- Constitution of the Province of Buenos Aires, Article 20, paragraph 2, and Article 28
Beginning
- Principle of prevention
- Precautionary principle
- Principle of progressivity
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