Mendoza Argentina
The Environment and Natural Resources Foundation (FARN) filed a lawsuit against Resolutions 789/2017 and 813/2017, issued by the Environmental Protection Directorate (DPA), which authorized the oil company El Trébol (PETSA) to explore and exploit oil using the fracking method in four wells located near the Llancanelo Lagoon (Ramsar Site of international importance).
The lawsuit stated that the permit submitted by the oil company lacked an Environmental Impact Assessment and that Mapuche communities inhabited the project area. Despite this, the Mendoza government approved hydraulic fracturing in six days. Therefore, the injunction sought a declaration of unconstitutionality and the annulment of the resolutions, as well as a requirement for an environmental impact assessment and consultation with the indigenous communities regarding the project.
The amparo action fell before the Ninth Civil Court of the city of Mendoza, which admitted the lawsuit, but rejected the requested precautionary measure to suspend the fracking illegally initiated by the oil company El Trébol.
On September 10, 2019, the Supreme Court of Justice of Mendoza (SCJM) granted the request to issue a final ruling on the extraordinary federal appeal filed by the Environment and Natural Resources Foundation (FARN) in the case entitled “FUNDACION AMBIENTE Y RECURSOS NATURALES EN J° 252726-53340 FUNDACIÓN AMBIENTE Y RECURSOS NATURALES (FARN) C/ GOBIERNO DE LA PROVINCIA DE MENDOZA Y OTROS P/ ACCIÓN DE AMPARO P/ ACCIÓN DE AMPARO P/RECURSO EXTRAORDINARIO PROVINCIAL”.
In this ruling, it was debated whether or not it was appropriate to grant the protection presented by FARN in order to demand that the resolutions 789/17 and 813/17 of the Environmental Protection Directorate be declared unconstitutional and null, which granted the authorization of four oil wells through the hydraulic fracturing or fracking method to Petrolera El Arbol SA, and to subject the activities to be carried out to an environmental impact assessment and the measure of not innovating that requested the suspension of the effects of the aforementioned resolutions, since the drilling of the wells had been completed, and the request became abstract.
At this stage, FARN requested the revocation of the ruling and the issuance of a precautionary measure for environmental protection to suspend the effects of said resolutions due to the danger of delay, pointing out new facts such as the fracturing of a well without authorization or control, the spill of 4000 liters of oil in the conflict zone and the detection of contamination in the aquifers of the area with hydrocarbons.
The SCJM indicated that the appeal of the first instance ruling was appropriate in light of the Mendoza Civil, Commercial and Tax Procedural Code, which expands the objective challengeability in matters of amparo.
The court notes the connection to the case “ARGENTINE FEDERATION OF SPELEOLOGY v. GOVERNMENT OF THE PROVINCE OF MENDOZA FOR PROTECTION ACTION FOR PROVINCIAL EXTERNAL APPEAL,” in which the court seeks a declaration of unconstitutionality and nullity of Resolutions No. 789/17 and 813/17 of the Environmental Protection Directorate. Furthermore, the Supreme Court of Justice of Mendoza (SCJM) suspends proceedings in both cases until a ruling is issued in the case “OIKOS ENVIRONMENTAL NETWORK v. GOVERNMENT OF THE PROVINCE OF MENDOZA ON UNCONSTITUTIONALITY ACTION,” considering that the subject matter of these proceedings is related to the matter under discussion.
Finally, the Provincial Superior Court has admitted the review of the extraordinary appeal of unconstitutionality and cassation filed by FARN. The review is currently in the process of calling for a decision on an amicus curiae brief submitted by the Inter-American Association for Environmental Defense (AIDA).
The legal challenge argued the following: One of the major concerns related to fracking is the "risk of increased greenhouse gas emissions (including fugitive methane emissions), exacerbating anthropogenic climate change." Along the same lines, specialists in the study of fracking's effects estimate that, during a well's productive life, between 3.6% and 7.9% of the extracted natural gas escapes into the atmosphere from the wellhead, pipelines, or storage facilities. These emissions are compounded by methane leaks from wells with structural integrity deficiencies, and even the potential migration of natural gas from fractures in the rock and abandoned wells.
It is necessary to consider methane emissions throughout the entire hydrocarbon extraction process and with a long-term perspective to accurately calculate total emissions. Methane is a potent greenhouse gas; its global warming potential is 25 times greater than that of CO2. Consequently, hydrocarbon extraction through fracking can increase greenhouse gas emissions, hindering emissions reduction targets and compliance with national and international climate change commitments.
- Environment and Natural Resources Foundation (FARN)
- Government of the Province of Mendoza
- El Trébol SA Oil Company
The Province of Mendoza is located in the west-central region of Argentina. It has 16 protected natural areas dedicated to the conservation of representative sectors of different environments and is the fourth largest producer of conventional crude oil and gas. Oil, mining, and energy-related activities are key components of Mendoza's economic structure.
Standards
- United Nations Declaration on the Rights of Indigenous Peoples
- American Declaration on the Rights of Indigenous Peoples
- Convention on Biological Diversity
- Ramsar Convention
- Paris Agreement
- ILO Convention 169
- National Constitution
- Resolution 789/17
- Resolution 813/17
- Law No. 25,675, General Law of the Environment
- Law No. 5961,
- Decree 437/93, Environmental assessment of the oil industry.