Neuquén Argentina
The Mapuche Confederation of Neuquén, the Permanent Assembly for Human Rights of Neuquén and the Argentine Association of Environmental Lawyers filed a criminal complaint against the heads of the Secretariat of Territorial Development and Environment and the Undersecretariat of Environment, and the companies YPFSA and SPM Argentina SA (subsidiary of Schlumberger Argentina and Schlumberger Oilfield Eastern Ltd., of the United States), for their responsibility regarding the hydrocarbon spill that occurred in the Bandurrias Sur Field, which is within the Vaca Muerta sacrifice zone.
The complainants stated that the spill was due to a crude oil leak from an unconventional oil field operated by YPF. This complaint aims to bring to the attention of the Public Prosecutor's Office " the dark side of Vaca Muerta" and the crime against the country's social, environmental, and energy sustainability, given the production rate in the Neuquén Basin.
In that regard, the complainants requested an investigation into the responsibilities of the officials and companies involved, both before, during, and after the spill.
On September 8, 2025, the Mapuche Confederation of Neuquén filed its third criminal complaint against YPF, accusing the company of maintaining a systematic pattern of environmental contamination, institutional cover-up, and the transfer of responsibility in the Vaca Muerta region. This complaint alleges that YPF illegally disposed of millions of cubic meters of water contaminated with hydrocarbons and flowback (fracking fluids) in disposal wells, without traceability or treatment. This practice directly endangers the Neuquén River, Lakes Mari Menuco and Los Barreales, as well as the aquifers that supply the local population. The lack of oversight by environmental authorities is also addressed in the complaint.
This new complaint alleges non-compliance with environmental and criminal regulations governing hazardous waste management in Argentina. Among these are National Law 24.051, which establishes the requirements for the treatment and final disposal of highly hazardous waste, and Provincial Decrees 2263/15 and 1483/12, which specifically regulate this management in the Neuquén province. Also mentioned is SSH Provision No. 29/12, which mandates geological studies, leak tests, and flow monitoring in sump wells.
The complaint refers to a report by the UN Committee on Economic, Social and Cultural Rights (CESCR), which asked the Argentine government to reconsider fracking, warning of irreversible consequences. This was in the context of ensuring compliance with the climate commitments undertaken by Argentina.
In its report, the UN estimates that the full exploitation of the Vaca Muerta gas reserves would consume a significant percentage of the global carbon budget to achieve the goal of limiting warming to 1.5 degrees °C, as stipulated in the Paris Agreement.
The description of the reported events states the following: "The UN Economic, Social and Cultural Rights Office requested the Argentine government to reconsider the use of fracking and warned that the environmental consequences of large-scale hydrocarbon exploitation in Vaca Muerta will be irreversible." In the Concluding Observations on Argentina's fourth periodic report, concern is expressed about the contributions to climate change.
- Mapuche Confederation of Neuquén.
- Permanent Assembly for Human Rights of Neuquén.
- Argentine Association of Environmental Lawyers.
- Jorge Antonio Lara (Secretary of Territorial Development and Environment).
- Juan de Dios Lucchelli (Undersecretary of Environment).
- YPF SA
- SPM Argentina SA
The province of Neuquén is located in northwestern Argentine Patagonia. Historically, it has been a sacrifice zone due to the country's energy interests, linked to the hydrocarbon industry.
One of the communities most affected by the spill at the Bandurrias Mine is the town of Añelo, home to the indigenous Mapuche community.
Standards
- Paris Agreement.
- Argentine Penal Code.
- Hazardous Waste Law No. 24.051.
Beginning
- Precautionary.
- Prevention.
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