The Supreme Court of Justice of the Nation declared its original jurisdiction in the lawsuits filed by Buenos Aires, La Rioja, Santiago del Estero, and La Pampa against decree 888/24 of the national government, which ordered the dissolution of the Environmental Protection Trust Fund for Native Forests (Fobosque).
The Court notified the National State –through the Ministry of Economy– to respond within 60 days. The provinces argue that the measure implies the illegitimate transfer of funds with specific allocation to the National Treasury. This directly affects the National Fund for the Enrichment and Conservation of Native Forests (FNECBN) provided for in Law 26.331.
Arguments of the Provinces
The plaintiff provinces claim the unconstitutionality of articles 3 and 4 of the decree and the full restitution of the FNECBN.
- Buenos Aires denounced that the measure contradicts the Constitution and international treaties, affecting its provincial Strategic Plan.
- Additionally, it noted that the national government did not transfer the corresponding amounts for 2023 and 2024, requesting a precautionary measure for the immediate transfer of those resources with interest.
- La Rioja, La Pampa, and Santiago del Estero presented similar claims.
The Supreme Court, in line with the Attorney General’s Office, considered that the facts justify its direct intervention and that it is appropriate to evaluate the precautionary measures once the State responds.
Background of Fobosque
The trust was created in 2018 as an instrument to implement protection measures for native forests within the framework of Argentina’s international commitments, including the Paris Agreement.
Its objective was to improve efficiency and transparency in resource management, strengthening the provinces’ capacity to execute conservation and sustainable management projects.
Greenpeace and Deforestation
The provincial claim adds to a complaint filed by Greenpeace before the Court. The organization warned that in 2025 the loss of forests in the north of the country increased by 40% compared to the previous year, reaching 210,702 hectares cleared or burned:
- Santiago del Estero: 104,474 ha.
- Chaco: 38,392 ha.
- Salta: 34,067 ha.
- Formosa: 33,769 ha.
Greenpeace warned that Argentina is far from meeting the commitment of Zero Deforestation by 2030, assumed at the COP26 in Glasgow. Additionally, it denounced that the national government and some provinces seek to modify the Forest Law to facilitate new clearings, which it considers serious and unconstitutional.
The intervention of the Supreme Court places the protection of native forests and the fulfillment of international environmental commitments at the center of the debate. While the provinces demand the restitution of specific funds for conservation, organizations like Greenpeace warn about the increase in deforestation and the risks of relaxing the current regulations. The ruling that emerges from this case will be key to defining the future of forest policy in Argentina.
