Jurisdiction to Revise Environmental Sanctions Imposed on Industries Located in the Matanza-Riachuelo Basin

The Federal Supreme Court has resolved (1) that the administrative sanctions imposed by the environmental agency of the province of Buenos Aires (“OPDS”, after its acronym in Spanish) on industries located at the Matanza-Riachuelo basin can be challenged before the same tribunal appointed by the Supreme Court to implement its decision in re: “Mendoza”, (2) which is the Federal First Instance Court for Criminal and Correctional Matters No. 2 of the city of Morón (the “Federal Court of Morón”).
The decision was rendered in a case brought in connection with certain fines imposed by the OPDS on a tannery -whose premises were located at the city of Lanús- for breaches to the provincial regulations on hazardous waste.(3) The owner appealed the fines in accordance with said regulations (4) and the case was raised to a provincial court. (5)
The provincial tribunal denied jurisdiction to hear the appeal first on grounds that the premises were located in the Matanza-Riachuelo basin and this basin is subject to the control of the ACUMAR, an agency created by Federal Law No. 26,168. Secondly, the provincial court deemed that the decision taken by the Supreme Court in the “Mendoza” case regarding this basin was applicable to this case. For these reasons, the provincial court concluded that the appeal against OPDS’ sanctions had to be heard by the same court to which the Supreme Court had entrusted its ruling in the “Mendoza” case, which was the Federal Court of Morón.
However, the Federal Court of Morón rejected its jurisdiction to hear the case on the basis that federal tribunals do not have jurisdiction to review sanctions imposed by a provincial agency like the OPDS. Thus, the jurisdictional controversy between the provincial and federal courts was brought to the Federal Supreme Court.
The Attorney General issued an opinion that the appeal had to be resolved by the provincial tribunal because no inter-jurisdictional contamination existed and the appealed fines had not been imposed by ACUMAR.
Despite this opinion, the Supreme Court ruled that the Federal Court of Morón has jurisdiction to hear the appeal against the fines imposed by OPDS on the following grounds:
a) The relevant premises were located at the Matanza-Riachuelo basin and subject to ACUMAR’s control;
b) The premises were registered before ACUMAR as a “pollutant agent” and its owner had submitted an industrial recovery program for approval;
c) The jurisdiction of the Federal Court of Morón results from the decision rendered in the “Mendoza” case, where it was decided that the ordinary jurisdiction (provincial) has to be excluded in favor of the federal jurisdiction in cases relating, directly or indirectly, to ACUMAR’s purposes. (6)
The Supreme Court of Justice concluded that the primacy of the missions entrusted to ACUMAR through Law No 26,168 and the jurisdiction attributed to the Federal Court of Morón for the implementation of the environmental recovery of the Matanza-Riachuelo basin supported the jurisdiction of said court to hear the case.
 
 


1. “Sirica, José Salvador s/ apela multa”, Jurisdiction No. 708. XLIX, issued on 07/15/2014. 
2. Federal Supreme Court of Justice, "Mendoza, Beatriz Silvia y otros c/ Estado Nacional y otros s/ daños y perjuicios - Daños derivados de la contaminación ambiental del Rio Matanza-Riachuelo", File No. M. 1569. XL., ruled on 07/08/2008.
3. Provincial Law No. 11,720.
4. Provincial Decree No. 806/1997, Section. 53. F.
5. Provincial first instance court for Correctional Matters No. 7 of the city of Lomas de Zamora.
6. Decisions issued on 7/08/2008 and 11/10/2009.