A New Ruling on the Iberá Wetlands Embankment

Four years after the final ruling was issued in re “Leiva, Bruno vs. Forestal Andina” (File Nbr. 74.036), the decision has not yet been made effective.

This ruling, finally decided in 2007 by the Federal Supreme Court of Justice, ordered the defendant to turn over or remove 1300 lineal meters of artificial bank built on its rural property, in Paraje Yahaveré, Province of Corrientes. Said decision ordered the defendant to “cease the environmental damage, with the obligation of destroying within a 30 (thirty) day term, all works completed after the preventive measure issued by the Court through Res. N° 711 of 12.02.2005 (p. 31/35 of the Preventive Measure File) and in case of lack of performance, the competent authority (the ‘Instituto Correntino del Agua y el Ambiente’ – the Correntinian Water and Environment Institute) shall proceed to remove the embankment, by its own or through third parties, at the defendant’s expense, regardless of the corresponding applicable administrative sanctions”.

As a consequence of several presentations made by the ‘Instituto Correntino del Agua y el Ambiente’ (ICAA), the first instance Judge ordered in 2010 the performance of a new environmental impact assessment, intended to evaluate the damages or possible damages to the environment which could emerge from the turnover works ordered by the final ruling.

This decision was appealed by the claimant, and finally, on March 2, 2011, the Civil and Commercial Court of Appeals of Corrientes (Division IV) quashed the first instance decision, and ordered the immediate execution of the definitive ruling issued four years before:

“There is no other alternative than that the embankment in question be turned over or removed as was decided in the precedent ruling issued in this case and the precedents contained in this file, in a peremptory term imposed by the delay in the execution of the ruling, including the application of economic sanctions to those who interfere with the execution of the judicial order, regardless of the criminal responsibility which may correspond for disobedience of a judicial order”.

In the event this new judicial decision becomes definitive and is executed, there would be a typical environmental re-instation action as provided by Section 28 of the General Environment Law, since the defendant would be obliged to re-instate the affected environment, reverting at its expense all the works performed without authorization of the competent provincial authority.

The Iberá Wetlands constitute a wetland area of international importance, as they are protected by the “Ramsar” Convention, ratified by Law No. 23,919, as amended by Law No. 25,335.