Highest State Court (Province of Neuquen), 02/08/2012, “Province of Neuquen in re: Kubli Maria Paula et al. v. Province of Neuquen –Provincial Mining Office- / Acción de Amparo (File No. 13897/11) / motion for appeal” (File No. 197/11)

The plaintiffs filed a motion against a decision of the Court of Appeals in All Matters of the City of Zapala. The Court of Appeals had revoked an interim measure ordered within an amparo (accelerated proceedings) filed by the plaintiffs concerning the concession and construction of a geothermal power plant grounded on the provisions of Law No. 26,639 for the Protection of Glaciers. The plaintiffs claim that the decision to revoke the interim measure will allow a mining project to progress on a periglacier area, which is forbidden and affects the community’s interests.
The Court considered that the decision challenged by the plaintiffs only refers to an interim measure and is not a final judgment, and that the plaintiffs’ arguments are not adequate, and thus, found the motion to be inadmissible.