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National Public Prosecutor Office in 3 Turn vs Ministry of the Environment and others

Country/Territory
Uruguay
Type of court
National - higher court
Date
Mar 26, 2008
Source
UNEP, InforMEA
Court name
Tribunal de Apelaciones en lo Civil de 2ºTº
Seat of court
Montevideo
Judge
Dr. Jorge Omar CHEDIAK GONZALEZ, Dr. Tabare Gregorio SOSA AGUIRRE, Dra. Mariela SASSON BALLETTO
Reference number
59/2008
Language
Spanish
Subject
Waste & hazardous substances, Water
Abstract

A case concerning the construction of an industrial dump in the area of Piedras Coloradas.

The public prosecutor argued that the environmental impact assessment procedure done prior to the establishment of the dump did not respect the right of access to public information because it was not made public. It also stated the dump was located in area where it would have some negative impacts on the environment because there is a risk of water contamination. Finally, the public prosecutor required the dump operator to constitute an environmental bond to compensate the damages done to the ecosystem.

The Appeal Court recalled that environmental damages need to be proved and considered that in that case the environmental risk was not scientifically proved. Therefore, the constitution of an environmental bond is not necessary as it is compulsory only in cases where there is a certain environmental risk. Finally, the court considered that the lack of publicity of the environmental impact assessment was not affecting its validity and was not violating the right of access to public information.

Full text
SENTENCIA Nº 59 2008.pdf
hojaInsumo2.seam