Environmental impact assessment as a turning point for the effective protection of the environment, its resources, and human life

Abstract

In 2023, the Supreme Court of Justice of the Province of Buenos Aires ruled on the case “Foro Medio Ambiental San Nicolás Asociación Civil y otro c/ Prochem Bio S.A. s/Amparo,” ordering the company to cease industrial activity until it obtained the required environmental permits. The ruling took a novel approach to environmental impact assessment (EIA) as a tool for evidence and a constitutional guarantee of the right to a healthy environment. The controversy revolved around the lack of environmental permits for a chemical plant that, according to the findings, was operating without complying with current regulations, posing risks to the health, environment, and self-determination of the local population.
The Court determined that this was a third-category industry and gave preeminence to the EIA as a preventive technical-administrative mechanism, highlighting its legal obligation and its role in environmental planning. It also criticized previous rulings for failing to adequately apply the principles of prevention and precaution. The ruling applied an integrated interpretation of provincial environmental legislation (Laws 11,459 and 11,723), consolidating the notion of a “regulatory block.”
The ruling also highlighted the importance of citizen participation and public hearings in the permit granting process. Ultimately, the ruling set a key precedent in environmental law by recognizing the EIA as a central instrument for protecting the environment and ensuring sustainable development.