This week, the Superior Court of Justice on Duty ratified a key ruling that prohibits deforestation in the Arroyo Perucho Verna in Colón, Entre Ríos.
The ruling ordered the immediate cessation of earthmoving activities and established a plan for the recovery of vegetation cover in this protected area.
The ruling confirmed the first-instance judgment in the case “ACAPS v. Rossier Francisco and others,” promoted by the NGO Civil Association Arroyo Perucho Verna Salvaje (ACAPS).
The resolution was signed by judges Gisela Schumacher, Marcelo Marchesi, and Adriana Acevedo.
The judicial decision also extended the sentence to the Municipality of San José, which had been exempted from responsibility in the first instance.
Now, both the Provincial Environment Secretariat and the Municipality must “control, coordinate, and supervise the actions of environmental restoration ordered”.
Deforestation halted in the protected area of Arroyo Perucho Verna
The collective environmental lawsuit was filed against Francisco Rossier, executor of the works, and Milagros Belén Rossier, owner of the property.
The evidence confirmed earth movements with heavy machinery and destruction of flora in the area.
The affected property is located within the “Multiple Use Reserve Arroyo Perucho Verna“, classified as a native forest of Category II (yellow) according to Provincial Law Nº 11.011.
In this category, changes in land use and deforestation are strictly prohibited, which is why the Justice proceeded with the claim in Perucho Verna.
The defense attempted to justify the tasks as mere “land cleaning“. However, the environmental expertise confirmed “a manifest injury to the right to a healthy environment“.
The recovery plan for the damaged area in Perucho Verna
The ruling established concrete restoration measures. Those responsible must implement a recovery plan that includes:
- Immediate cessation and definitive halt of any deforestation activity in Perucho Verna
- Planting of at least 100 specimens of native tree and shrub species
- Stabilization of the affected soil
- Strict supervision by environmental authorities
The Environment Secretariat of Entre Ríos and the Municipality of San José will be responsible for monitoring the compliance of the plan.
This supervision will ensure the effective recovery of the degraded area.
The environmental precedent in Entre Ríos
The ruling reinforces the precautionary principles and prevention established in the General Environmental Law (25.675) and the Provincial Constitution.
The resolution recalled that “the right to private property is not absolute when it conflicts with the preservation of collective natural resources“.
This judicial decision sets an important precedent for the protection of natural areas in the province.
The ruling demonstrates that authorities can be held accountable for failing to fulfill their environmental control obligations.
The case of deforestation in Perucho Verna marks a step forward in the defense of native forests in Entre Ríos. The action by ACAPS managed to halt the degradation of a protected ecosystem and demand its restoration.
The implementation of the recovery plan will begin under strict official supervision. The 100 native species that must be planted aim to restore the area’s original ecological function.
