Civil society vs. private company over the harmful effects of the Guacolda Thermoelectric Power Plant in Chile

Location

Atacama Chile

Start date
March 27, 2018
Date of judgment or latest existing decision
On December 12, 2019, the Copiapó Court of Appeals issued an unfavorable ruling. The final ruling is pending.
Summary

The organization FIMA, representing the Civil Society of the Huasco Environmental and Social Reparation Council, the Huasco Ecological Assembly (CRAS Huasco), and Huasco Consciente, filed a protective action against AES GENER SA. The action alleges that the company's actions deprive, disrupt, and threaten the exercise of their rights to use and enjoy their intangible property rights, including their rights to life, physical and mental integrity, and an environment free from pollution. They further allege the deprivation of their right to health protection. They request that the court grant the action and adopt the necessary measures to redress the aforementioned violations.

On December 12, 2019, the Copiapó Court of Appeals issued a ruling in the first instance of the appeal, rejecting it on the grounds that, in its understanding, AES GENER SA had not committed any illegal act in the operation of the Guacolda power plant. For this reason, an appeal was filed against the decision, which currently places the case before the Supreme Court, awaiting arguments.

Climate element

In Huasco, there are five coal-fired power plants, installed from the 1990s onward. In the context of the aforementioned legal action, the harmful effects of coal on human health and the environment are revealed, as well as how the power plant industry has benefited from weak regulation to violate people's rights and even jeopardize the rights of future generations, contributing significantly to climate change due to greenhouse gas emissions.

Claimants
  • Maria Pizarro.
  • Luisa Figueroa.
  • Doris Zamorano.
  • Patricia Carmona.
  • Daniel Díaz.
  • Diego Lillo and Victoria Belemmi (lawyers).
Defendants
  • Ricardo Falú, Representative Legal de AES GENER SA
Supporting organizations
ONG FIMA
CRAS Huasco
Civil Society of the Huasco Environmental and Social Reparation Council
Conscious Huasco
Territorial context

The Huasco commune is located in the western part of the province of the same name, within the Atacama Region. In May 2012, the Huasco commune was declared a Latent Zone due to its annual concentration of particulate matter (PM10).

Huasco has significant port, mining, and energy activity. Historically, it has been associated with agricultural and fishing production.

Rules and principles invoked
  • International Covenant on Civil and Political Rights.
  • American Convention on Human Rights.
  • Political Constitution of Chile.
  • Civil code.
Instance
Judicial
Actor type
Civil society organization
Topic
Coal
Fossil fuels
Violation of human rights
Defendant type
Private enterprise
Grounds for claim
Right to a healthy environment
National legislation
Other human rights