The province of La Pampa has taken legal action against the recently approved regulations by the National Congress, arguing that it seriously compromises access to water. In line with this, various environmental groups are promoting collective lawsuits in the same direction.
The Government of La Pampa filed an environmental collective amparo action against the law that alters the glacier protection regime.
This filing before the Federal Court of Santa Rosa includes a precautionary measure seeking to halt the enforcement of the regulation until a decision is made on its constitutionality.
This judicial strategy was coordinated with the National University of La Pampa, the Chadileuvú Foundation, and the Assembly for the Pampean Rivers. The main objective is for the National State to receive a declaration of unconstitutionality and nullity of the enacted law.
Governor Sergio Ziliotto led the official announcement from the Government House, reaffirming his decision to take the conflict to court.
The stance of La Pampa holds that the reform infringes upon fundamental rights related to the environment, health, and water resources, contravening international treaties and the National Constitution.
Arguments on water impact
Ziliotto denounced that the law violates the principle of non-regression in environmental matters stipulated in the Escazú Agreement. According to the governor, although the province does not have glaciers within its territory, it critically depends on the Colorado River, which has a glacial origin. “As a result of this law, there will be less water,” he warned, pointing out that this river currently supplies 45% of the provincial population.
Legal grounds and precautionary measure
State Attorney Romina Schmidt questioned the validity of the public hearings held during the legislative debate, asserting that they did not meet the standards of genuine participation.
The lawsuit requests the unconventionality of the regulation and its immediate inapplicability, emphasizing that the damage to the province is a real harm and not a mere abstraction.
The judicial document demands the restoration of the previous protection regime while the case is processed, obliging the National State to refrain from implementing the approved modifications.
Actions by civil society
In parallel, entities such as the Environment and Natural Resources Foundation (FARN), the Argentine Association of Environmental Lawyers, and Greenpeace have called on citizens to join a national collective lawsuit.
These organizations consider that, in light of the legislative sanction, the dispute over the preservation of water resources must now be transferred to the judicial sphere to halt the regression in environmental protection.
