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The Climate Litigation Database

Municipality of Yala c/ Guerrero C. y Echeverría M.

Geography
Year
2022
Document Type
Litigation

About this case

Filing year
2022
Status
Decided
Court/admin entity
ArgentinaEnvironmental Court of the Province of Jujuy
Case category
Suits against corporations, individuals (Global)Others (Global)
Principal law
ArgentinaConstitution of ArgentinaArgentinaConstitution of Jujuy Province
At issue
Whether climate considerations should be included in territorial planning codes
Topics
, ,

Documents

Summary

In 2022, the Municipality of Yala filed an amparo action challenging deforestation and land clearance activities in the Jujuy Province. The plaintiff alleged that the activities disrupted the natural flow of the Yala River, affecting the surrounding environment and the local community, and asked for the recomposition of the area. On March 14, 2024, the Court rejected the amparo, but suggested the defendants to reforest the area anyway. Furthermore, it was observed that the municipality had not enacted any territorial planning that included climate change considerations and that the new Provincial Constitution demands municipalities to enact Urban and Territorial Planning Codes considering adaptation and mitigation to climate change. In this sense, the Court stated that: “Environmental and climate variables must be included in participative territorial planning of Municipalities, and its importance as a crucial tool in the adaptation strategy to climate change cannot be overlooked.” Consequently, the Court asked the municipality (the plaintiff) to take measures to integrate climate and environmental variables into its territorial planning.

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Group
Topics
Policy instrument
Risk
Just transition
Economic sector
Adaptation/resilience
Finance