Environmental Law: “A Look at the Environment and its Care”

Abstract

The study analysed a ruling by Civil and Commercial Court No. 7 of Paraná, Entre Ríos, handed down on 15 May 2023, in the context of an environmental protection action brought by the Los Zorzales Neighbourhood Commission against the Municipality of Colonia Avellaneda. The lawsuit arose from the poor management and disposal of urban and industrial solid waste on an unauthorised site, which created an open-air rubbish dump near the neighbourhood. The situation seriously affected the health of residents and damaged the local environment, violating fundamental rights. For more than a decade, the neighbourhood's residents filed multiple administrative complaints without receiving satisfactory responses. Finally, after exhausting all formal channels, they filed a lawsuit requesting the closure and relocation of the dump. The court considered that the injunction was the most appropriate procedure, given the urgency and seriousness of the environmental damage demonstrated, and decided to uphold the lawsuit, urging the Municipality to adopt measures to prevent further damage. The ruling recognised the violation of regulations such as National Law No. 25,916 and Provincial Law No. 10,311 on waste management, as well as the constitutional right to a healthy environment. It concluded that the municipal authorities had been negligent in failing to implement an adequate waste management system. The author agreed with the plaintiffs, pointing out the urgent need to review institutional practices and promote a responsible relationship with the natural environment.