Argentina Supreme Court Case: Civil Association for Environmental Justice v. Province of Entre Ríos et al.

Summary

In July 2020, a group of children represented by their parents and two NGOs filed a class-action constitutional lawsuit against three Argentinean Provinces and the Municipality of Victoria, asking the Supreme Court to declare the Paraná Delta wetland ecosystem (Ramsar site) “a subject of rights across its entire surface area of ​​22,587 km²” and designate a “guardian” that is responsible for monitoring its conservation and informing the Court about compliance with the judgment.

Legal Arguments
Transboundary Effects
The Paraná Delta encompasses territory within the Provinces of Buenos Aires, Entre Ríos, and Santa Fe. The lawsuit describes it as “an ecosystem that recognizes no political boundaries.” As such, the case was filed against all three Argentinean Provinces “by virtue of the Principle of Cooperation regarding environmental matters with transboundary effects.”

Climate Change
The plaintiffs argue that the governments are failing “their duty to preserve the integrity of the Paraná Delta wetlands” which is “an ecosystem essential for climate change mitigation and adaptation” – which the plaintiffs are at risk to and is reason for the legal standing of the children in these proceedings – citing “the more than three thousand fire outbreaks resulting from the indiscriminate burning of grasslands.” The case claims that the children’s plea is based on “the need for the heightened protection that wetlands deserve—given that they constitute a vast carbon sequestration system and possess water retention and regulation capabilities, thereby playing a significant role in climate change mitigation and adaptation.” In this regard, they cite Principle 3 of the 1992 Rio Declaration and Article 3 of the Framework Convention on Climate Change, both of which address intergenerational equity. (pg. 4-5)

Future Generations
They argue that “future generations constitute a collective legal subject – currently non-existent, yet represented across both time and space. They are rights-holders and creditors of present generations who – by virtue of the principle of intergenerational equity (Law 25.675) – must transmit to them a volume of assets equivalent to that which they themselves received.” (pg. 6)

Biodiversity
The plaintiffs claim their requests are driven not solely by human subsistence and protection, but the Paraná Delta’s immense biodiversity, including 200 bird species, 36 mammal species, 29 reptile species, and 141 fish species. They underscore the “recognition accorded to nature within the international framework for protection,” citing the United Nations World Charter for Nature (1982); the United Nations Convention on Biological Diversity (1992) which acknowledges the intrinsic value of biological diversity and ecological values; the RAMSAR Convention (Law 23,919) which recognizes the interdependence between humans and their environment; and the 1973 CITES Convention (Law 22,344) which recognizes wildlife as an irreplaceable element of natural systems.

The lawsuit asked the Court to order the three Provinces to prepare and implement a coordinated environmental management plan that recognizes the vulnerability of the ecosystem and its relevance for future generations, and to mandate broad and early citizen participation in future decision-making processes (in accordance with the terms of the Escazú Agreement). (pg. 3)

Preliminary Ruling
The case is one of several lawsuits seeking protection for the ecosystem. Therefore, the Supreme Court decided on 28 December 2021 to consolidate these proceedings and hand down a single judgment. In that decision, the Court ordered the Provinces of Santa Fe, Entre Ríos, and Buenos Aires, and the Municipality of Victoria, to submit a detailed report about the environmental problem and its management within a period of thirty days.

The combined case is still pending.