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The Third Environmental Court, based in Valdivia and jurisdiction from Ñuble to Magallanes, rejected three claims Against the Environmental Qualification Resolution (RCA) of the Terminal Marítimo GNL Talcahuano project.
Specifically, these are cases R-3-2020, R-4-2020 and R-7-2020 that were rejected according to the sentences notified this Saturday because ” claimants lacked action to appeal to the Court Environmental”.
The appeals were brought specifically by natural persons, indigenous associations and organizations who oppose the decision of the Bío Bío Environmental Assessment Commission.
According to the documents, the administrative request that gave rise to the respective claims corresponded to what is known in law as “invalidation of the faculty and not an improper invalidation.”
Finally, the court determined that based on the three claims “it is only possible to conclude that the claimants they did not have any action or recourse to challenge the said determination “.
Despite these three claims, the Court still has to rule in five other legal actions presented by different individuals and organizations against GNL Talcahuano.
These invoke various grounds to challenge its approval, but the sentence is still being drafted.
Also against SEA
Additionally, in the case of claims R-4-2020 and R-7-2020, the Court also rejected allegations made by the Environmental Assessment Service (SEA).
They hoped to prove that in projects that have had a Citizen Participation Process (PAC), an invalidation request cannot be submitted and only one claim proceeds due to non-consideration of citizen observations.
“Even in cases where there is a PAC, that observations have been made and administrative and jurisdictional appeals have been filed, it will be possible to deduce the appeal for improper invalidation by anyone who feels injured in their rights and interests by the RCA,” said the failure.
According to the court, if the thesis proposed by the SEA is accepted, “all citizens who did not participate as observers in the environmental evaluation of a project would be excluded from the possibility of resorting to the Environmental Court for the protection of their rights or legitimate interests.”
The rulings were dictated by the ministers Iván Hunter Ampuero, Sibel Villalobos Volpi and Jorge Retamal Valenzuela.
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