La Procuración General de la Nación (PGN) ruled this week in favor of the original jurisdiction of the Supreme Court of Justice in the case of environmental damage linked to the Canal de La Patria in Santiago del Estero.
This judicial step, driven by environmental organizations, sets a key precedent in the defense of the biodiversity of the Argentine Gran Chaco.
NGO Complaints and a Historic Ruling
The complaint was filed in June by Aves Argentinas, Fundación Vida Silvestre Argentina, and Fundación Ambiente y Recursos Naturales, after it became known that the public work had caused the death of dozens of endangered species and severely affected wildlife mobility.
The PGN’s ruling states that the case must be resolved directly by the High Court, as there are joint contractual responsibilities between the Province of Santiago del Estero and the National State.
“The agreements gave rise to joint, shared, and specific responsibilities of the defendant bodies for the development of the work,” the NGOs pointed out.
The Canal de La Patria: a “death trap”
The canal, built in the 1970s, is two meters wide and 180 kilometers long, with steep concrete walls.
A 2025 report revealed that 250 specimens of 40 different species were trapped and drowned, leading to it being characterized as a “death trap”.
The construction fragments the habitat and further weakens the fragile situation of the Chaco fauna in a region considered one of the most threatened on the planet due to unlimited deforestation.
Shared Responsibilities and Judicial Scope
The PGN based its ruling on agreements signed between the province and national entities, such as the National Water Works and Sanitation Entity (ENOHSA) and the Secretariat of Infrastructure and Water Policy of the Ministry of Public Works.
The body concluded that it is impossible to guarantee the right of defense and restore the protected right —the biodiversity of the Gran Chaco— without the participation of all parties involved.
The judicial action for collective environmental damage is directed against the Province of Santiago del Estero and the National State, and now circulates among the Court’s ministers for final resolution.
Human and Ecosystem Impact
In addition to environmental damage, the canal represents a danger to human life. The watercourse supplies towns and cities along its route, and its design has caused fatal accidents.
On November 10, the death of a two-year-old child in the community of Lilo Viejo was reported after falling into the canal. The incident revived the urgency of finding solutions that ensure the safety of communities and the protection of wildlife.
A Case That Transcends Borders
The Canal de La Patria has become a symbol of the challenges facing the Gran Chaco region: infrastructure without environmental planning, loss of biodiversity, and risks to the population.
The PGN’s ruling opens the door for the Supreme Court to set a precedent in environmental damage matters, recognizing the need for shared responsibilities and public policies that prioritize the conservation of the country’s most threatened ecosystems.
The case of the Canal de La Patria reflects the tension between the development of public works and environmental protection. The intervention of the Supreme Court could mark a before and after in Argentine jurisprudence, strengthening the precautionary principle and the constitutional right to a healthy environment.
