Argentina
Greenpeace Argentina, along with the Argentine Association of Environmental Lawyers, Surfrider Argentina, Fundación Patagonia Natural, Kula Earth, the Argentine Surf Association, Organización Mar, the Necochea Quequén Surf Association, the General Alvarado Surf Association (Miramar), and Ecos de Mar, filed an injunction and a request for a preliminary injunction against the Argentine State, the Secretariat of Energy, and the Ministry of the Environment. Subsequently, companies linked to the project, including Equinor and YPF, were also joined as co-defendants.
The lawsuit was filed in Federal Court No. 2 of Mar del Plata and seeks a declaration of unconstitutionality and nullity of Resolution 436/2021, which authorized seismic exploration for hydrocarbons in blocks CAN 100, 108, and 114 of the Argentine Sea. The case challenges deficiencies in the environmental impact assessment and public participation, as well as the lack of adequate consideration of the cumulative impacts on marine biodiversity and the climate. Its aim is to prevent these permits from paving the way for offshore oil exploitation and to protect the sea from potentially serious and irreversible damage.
On February 11, 2022, the Federal Court of Mar del Plata ruled in favor of the plaintiffs and granted the injunction. However, on December 5, 2022, the Court of Appeals of Mar del Plata lifted the injunction that had suspended the seismic exploration.
The climatic element of the case lies in the fact that the challenged permits allow for the expansion of oil and gas exploration in the Argentine Sea, opening the door to the future exploitation of new fossil fuel deposits. This contradicts the urgent need to reduce greenhouse gas emissions and move toward the gradual abandonment of fossil fuels, the primary drivers of global warming. The lawsuit argues that the environmental impact assessment did not sufficiently analyze the project's climate consequences or its compatibility with Argentina's commitments to address the climate crisis. The decision was primarily evaluated as an isolated exploration activity, without considering that it forms part of a broader strategy to expand the offshore oil frontier and that its ultimate goal is to enable new extraction activities for several decades. Furthermore, the case links the climate crisis to the protection of the ocean and its biodiversity. The Argentine Sea plays a vital role in climate regulation and carbon storage, while species such as the southern right whale contribute to the functioning of these ecological processes. Therefore, seismic exploration and eventual oil exploitation pose a double threat: they deepen dependence on fossil fuels and, at the same time, endanger marine ecosystems that help to address climate change.
- Greenpeace Argentina
- Argentine Association of Environmental Lawyers
- Surfrider Foundation
- Echoes of the Sea
- Kula Earth
- Argentine Surfing Association
- Mar Organization
- Patagonia Natural Foundation
- Argentine State
- Ministry of Energy
- Ministry of Environment
- Equinor and YPF companies
The Argentine Sea comprises the maritime area under Argentine jurisdiction in the Southwest Atlantic, off the country's continental coast. It extends from the Río de la Plata and the Buenos Aires coast to Tierra del Fuego, and also includes the maritime environment of the southern islands and archipelagos. It forms part of one of the world's largest and most productive continental shelves.
This area is home to numerous species of marine mammals, seabirds, fish, crustaceans, turtles, and other organisms. Among the emblematic species are the southern right whale, the Magellanic penguin, sea lions, and elephant seals, as well as significant populations of hake, squid, and shrimp. The Península Valdés area, in the province of Chubut, is particularly important as a breeding and calving ground for the southern right whale. Likewise, Patagonian waters are essential feeding and migration areas for numerous species.
Furthermore, the Argentine Sea has enormous economic importance. Commercial fishing is one of the main activities carried out in its waters, particularly with regard to shrimp, squid, and various species of hake.
In recent years, this has been compounded by the expansion of offshore hydrocarbon exploration and production projects. The search for oil and gas in the South Atlantic has generated significant environmental and legal debate, particularly regarding the potential effects on marine mammals, fisheries, biodiversity, and climate change.
International agreements/treaties
- Paris Agreement
- Escazú Agreement
- Convention on Biological Diversity
- OC-23/17 of the Inter-American Court of Human Rights
- Paris Agreement
- American Convention on Human Rights
- Advisory Opinion 23/17
Beginning
- Principle of prevention