• Skip to main content
  • Home
  • Contact
  • About
  • Search
    • Search US
    • Search Global
  • Global Litigation
  • U.S. Litigation

Women from Huasco and Others v. the Government of Chile, Ministry of Energy, Environment and Health

“Consejo para la Recuperación Ambiental y Otros con Gobierno de Chile y Otros”

Filing Date: 2021
Reporter Info: 323-2021
Status: Pending
Case Categories:
  • Suits against governments
    • Human Rights
      • Right to a healthy environment
  • Suits against governments
    • Human Rights
      • Other
  • Suits against governments
    • Human Rights
      • Women
Jurisdictions:
  • Chile
    • Court of Appeal of Copiapo
Principal Laws:
  • Chile
    • Decree Nº 50/2020 (coal-fired power plant retirement agreements)
  • UNFCCC
    • Paris Agreement
  • Chile
    • Nationally Determined Contribution
  • Chile
    • Constitution of Chile
Summary:

On November 25, 2021, the residents of Huasco, headed by a group of women, filed a constitutional action against the State of Chile. In their claim, they demand the shutdown of two units of the thermoelectric power plant AES Gener Guacolda. The plaintiffs indicate that while Chile is a party to the Paris Agreement and has recently approved an agreement on the decarbonization of coal-fired power plants, it still decided - without justification - that the closure of Guacolda will only take place in 2040.

The plaintiffs claim that the decision violates their constitutional rights to life, to live in an environment free of pollution, and equality before the law. According to them, the power plant's emissions are affecting the health of residents and neighbors of Huasco. They request a plan from the government to mandate the shutdown of the two units of the thermoelectric power plant and a compensation plan for the harmful emissions.

In its response, the Government of Chile requested the dismissal of the complaint as it argued there was no breach of fundamental rights. The government explained that decarbonization is voluntary for both the executive branch and the private companies. They point out that the Ministry of Energy's Decree No. 50/2020, approving the decarbonization agreement, is an administrative act that is constantly updated. Further, the decision to close the power plant relies on a combination of factors.

On May 2, 2022, the Court of Appeals of Copiapo rejected the claim on procedural grounds. The Court found that the matter in question was beyond its competence, as it involved the exercise of powers belonging to the executive branch. The thermoelectric closure is a complex process involving different factors and not just the executive government.

The plaintiffs brought an appeal before the Supreme Court to review the case.

At Issue: Whether the continued activity of a thermoelectric power plant in Chile is lawful considering Chile's decarbonization policies.
Case Documents:
Filing Date Type File Summary
11/25/2021 Petition Download Plaintiff's petition.
12/27/2021 Petition Download Ministry of Energy's response.
05/02/2022 Decision Download Decision of the Court of Appeals of Copiapo
05/07/2022 Appeal Download Appeal by plaintiffs.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.