The company that owns the mining port project made the request to the First Environmental Court after the latest resolution that rejected it for the third time and unanimously.
The Andes Iron company, owner of the Dominga mining port project, requested before the First Environmental Court “outright and as a precautionary measure, the suspension of the effects” of the latest resolution of the Committee of Ministers.
Let us remember that after the Court noted certain breaches by the Committee, the Committee of Ministers was ordered to meet again and vote on the Dominga project.
In this sense, the Dominga project was rejected unanimously for the third time.
Andes Iron requests that the resolution of the Committee of Ministers be suspended
In the document submitted to the aforementioned Court, Andes Iron maintains that the Committee's decision can be reviewed by that body "in the context of incidental compliance with the judgment."
It should be noted that although the Committee fulfilled its obligation to meet again on Sunday, this event was held after the maximum date established, in a context where the authorities had to disqualify themselves and, therefore, look for those who would replace them.
The company claims that “in this scenario, the necessary enforcement measures can be adopted until the Environmental Court considers that the mandate contained in the ruling has been fully complied with,” which is what it would seek through this request.
"This also avoids having to start a new environmental dispute where the main discussion is whether the decision of the Committee of Ministers was in accordance with the ruling," he added.
“The Resolution clearly violates the Sentence”
The company that owns the Dominga project goes one step further and states that “the Committee of Ministers is in a situation of non-compliance with the Sentence by not respecting the clear and concrete guidelines and directives that emanate from it.”
In this regard, they mention the fact that the “new ruling by the CM was issued outside the peremptory period of 15 days given by this First Court.” Further on, Andes Iron states that if the effects of the Resolution are not suspended, there is a “serious risk” that “the situation of non-compliance with the Judgment will be consolidated, transforming it into a paper judgment.”
Furthermore, it points to the alleged attitude of the Committee of seeking to "promote a new administrative dispute, prolonging the cycle of reviews and leaving 'up in the air' all the sentences that have been issued."
“The constant reopening of the assessment analysis creates an unsustainable and very dangerous precedent, undermining legal certainty and leading to future administrative decisions being repeatedly challenged, affecting the stability of the legal and administrative system,” the petition states to the Environmental Court.
For all these reasons, the company is asking for the aforementioned resolution to be suspended, “including the period for claiming its legality”, while the Court analyses it and determines whether it complies with the law or not.
