The High Court of Córdoba (TSJ) today ruled that a provincial ban on open-pit mining was constitutional, thereby rejecting an appeal by mining and nuclear energy companies.
Approved in 2008, provincial law 9526 prohibits open-pit metal mining throughout Córdoba. It also bans all mining for uranium or thorium – both used to create nuclear energy – and prevents the use of toxic chemicals in any mining projects that are permitted.
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La Alumbrera in Catamarca is the largest open-pit mines in Argentina (Photo: Alejandro Olivera)
The Chamber of Mining Companies in Córdoba (Cemincor) and The Association of Professional from the National Commission for Atomic Energy and Nuclear Activity (APCNEAN) appealed against the law, calling it an ‘arbitrary’ ban on certain activities and substances that contradicted the national mining code and constitution.
However, the TSJ determined that in Argentina’s federal system each province was able to create laws to best suit the interests of the local population. It also ruled that the environment is a “supreme collective good” and as such, it was reasonable to be protect it by law.
“The magnitude of environmental consequences with respect to water and the large amounts of environmental waste generated by open-pit mining, combined with past experiences in the province, creates grounds for the restrictions included in Law 9526,” reads the ruling. “The law complies with a constitutional duty described by the National Supreme Court as guaranteeing ‘that future generations may enjoy the environment’.”
The TSJ added that the restrictions on open pit mining and the use of certain chemicals did not imply a blanket ban on mining activity in the province.
The post Córdoba: High Court Ratifies Ban on Open-Pit Mining appeared first on The Argentina Independent.
