2019
DOI: 10.1016/j.eiar.2019.106311
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An empirical study of EIA litigation involving energy facilities in Chile and Colombia

Abstract: In Latin America, as elsewhere, environmental and participatory rights have been expanding, and EIAs have been central to those efforts. In response, litigation against EIAs has increased as communities turn to the courts to exercise these rights, raising fears among developers that costs associated with EIAs and resulting litigation are excessive and a deterrent on economic growth. In many jurisdictions, including Chile and Colombia, these fears have prompted reforms to streamline EIA procedures. This study e… Show more

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Cited by 18 publications
(6 citation statements)
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“…Finally, NGOs targeted government and/or intergovernmental actors directly through litigation in 22 studies [ 23 , 27 , 33 , 40 , 72 , 74 , 77 , 79 , 81 , 82 , 85 , 87 , 90 , 114 , 124 , 137 , 139 , 144 148 ]. In these studies, NGOs targeted government rather than industry as above.…”
Section: Resultsmentioning
confidence: 99%
“…Finally, NGOs targeted government and/or intergovernmental actors directly through litigation in 22 studies [ 23 , 27 , 33 , 40 , 72 , 74 , 77 , 79 , 81 , 82 , 85 , 87 , 90 , 114 , 124 , 137 , 139 , 144 148 ]. In these studies, NGOs targeted government rather than industry as above.…”
Section: Resultsmentioning
confidence: 99%
“…While the creation of Environmental Courts was an important step toward wider access to justice, the OECD (2016, 28) still noted that in reality, “[in Chile] the high cost of legal counsel often puts this access out of reach of NGOs and citizens.” This is very likely the reason that the most common legal action communities use against EIAs is judicial review ( recurso de protección , RP). RPs are court actions that aim to protect citizens from arbitrary acts or omissions by public authorities (Barandiarán and Rubiano-Galvis 2019). RPs’ popularity rests on accessibility and affordability: they are filed directly with the local Corte de Apelación , the highest tribunal in each province, and Chile’s Supreme Court can hear the appeals.…”
Section: Discussionmentioning
confidence: 99%
“…Yet EIAs often become central to debates about controversial projects (H ebert, 2016;Barandiara´n, 2020;Barandiara´n and Rubiano-Galvis 2019;Aguilar-Støen and Hirsch, 2017;Hoogeveen, 2016;McCreary et al, 2016)-not least because in many cases they are the only avenue for public engagement. The concepts of overflow and oppositional life offer a way of thinking about important debates around EIAs and what (if anything) they accomplish.…”
Section: Discussionmentioning
confidence: 99%