Eighth Chamber rejects injunction to get authorization to fumigate in Alta Gracia
In a trial in which FUNDEPS intervened as amicus curia, The Eighth Chamber of Civil and Commercial Affairs of Cordoba rejected once again the injunction for which VERDOL S.A. requested authorization to fumigate in the City of Alta Gracia, in a celebrated but censurable decision.
Last August 27th, the Eighth Chamber of Civil and Commercial Affairs of Cordoba rejected once again the injunction for which VERDOL S.A. requested authorization to fumigate in the City of Alta Gracia. until such time as the closing of the trial over the constitutionality of ordenance 9375 of the Legislature of that city. This regulation established a “Emvironmental Protection Zone” of 1500 meters from the urban center or permanent populated settlements.
In this trial, the Chamber granted FUNDEPS a participative role as amicus curiae, as recognized in the very ruling (pg 2). In the judicially presented document, FUNDEPS argued that the ordenance should adequately protect health and the environment and that it be enacted by the local authorities. Also, it detailed that the principal risk is not the loss of profits, but the affectation to the right to health and a healthy environment, which demands that an adequate value be placed on the precautionary principal. The constitutional obligations to protect health and the environment demand the rejection of the injunction.
The recent decision of the Eighth Chamber of Civil and Commercial Affairs of the City of Cordoba has been celebrate for its rejection of the injunction. However, we are troubled by the lack of reference to the substantive regulation that establishes the obligation to protect health and the environment. On the contrary, in the text of the ruling, the court states that “We arrive at this decision with care to abstract the debate from the sowing conditions found in the judicial inspection.” FUNDEPS urges the judicial courts to recognize and adequately value the constitutional obligation to protect health and the environment.
For more information:
Text of the amicus presented by FUNDEPS