On November 6, 2002 a new Environmental Law No. 25,675 (“Environmental Law”) was passed in Argentina. Such Environmental Law sets the basis for achieving a sustainable management of the environment and the preservation and protection of biodiversity.
The Environmental Law defines environmental damage as any relevant alteration which adversely modifies the environment, its resources, the ecosystem balance, or goods or collective values.
The Environmental Law provides that any activity likely to cause degradation in the environment or that significantly affects the quality of life of the population, should be subject to environmental impact assessment.
Any person, whether natural or legal, who execute these activities must get an insurance to guarantee the funding for the reconstruction of the damage they may be caused.
The Environmental Law creates the Federal Council on the Environment (FCE) which is in charge of the coordination and preparation of an environmental policy and the promotion of administrative organization for environmental management in the nation, provinces, and municipalities.
Among his duties, the FCE is responsible of the monitoring of the completion of environmental impact studies of interjurisdictional, national and international effects, and managing the international financing of environmental projects.
The Environmental Law also creates the Environmental Compensation Fund for the prevention and mitigation of harmful or hazardous effects on the environment.
The Environmental Law also states that whoever causes environmental damage is responsible for its restoration to its previous state. In case this is not possible, the person who cause the damage shall be required a compensation to be determined by the ordinary courts, to be deposited in the Environmental Compensation Fund. In the case of infringements committed to environmental standards, he is presumed guilty, unless proven otherwise.
The person who causes environmental damage can absolve himself of responsibility only if, despite having taken all necessary measures to prevent the damage, the damage would have occurred anyway, and solely because of the negligence of the victim or a third party for whom he is not obliged to respond.
In the case of collective environmental d
amage, not only the Ombudsman and nongovernmental associations have standing to obtain a reconstruction of the environment, but also the person directly injured.
In issuing a ruling related to this environmental reconstruction, the court may extend its ruling to matters not expressly provided by the parties, if such extension is within the rules of sound criticism.
Additionally, the Environmental Law organizes a Federal System of Environment for the purpose of achieving sustainable development with the coordination on the environmental policy between the national government, provincial governments and the government of the City of Buenos Aires.
The Executive Power is the one responsible for the preparation of an annual report on the environmental situation of the country and its submission to the National Congress.
