Mining News

Juzgado Federal de San Juan No. 1 [Lower Federal Court of the Province of San Juan No. 1], 11/02/2010, "A.O.M.A and others v. Federal Government / unconstitutionality action"
The judge in charge of the Lower Federal Court of the Province of San Juan No. 1 granted a precautionary measure requested by Plaintiffs and ordered the suspension of sections 2, 3, 5, 6, 7 and 15 of the Law No. 26639 on Minimum Standards for the Protection of Glaciers, on the following grounds: (i) This provisions contained in the law may be in conflict with the Argentine Constitution, as this states that "the original ownership of the natural resources belongs to the provinces" (section 124, Argentine Constitution), and recognizes the local authorities' power to set up the standards for environmental protection that they consider appropriate for their communities. Although the Federal Congress has the power to dictate the laws on minimum standards of protection, local jurisdictions are maintained and cannot be altered (section 41, Argentine Constitution). (ii) The prohibition of activities contained in this law is excessive and may not be part of an environmental minimum standards law. (iii) Such prohibition creates uncertainty and affects the right to perform lawful activities (section 14, Argentine Constitution); affecting the economic development of the provinces as well, due to the impossibility of performing any kind of works or activities within the Andean area, that may well be authorized and carried out with care for the environment. Regarding this matter, please refer to "The Law on Minimum Standards for the Protection of Glaciers Was Enacted: Its Constitutionality is Controversial".