Supreme Court of Chile
Senator Francisco Chahuán; the Municipality of Quintero; the victims; INDH; the Ombudsman of Children; the Legal Clinic of the University of Diego Portales; various ONGs; the Environmental Prosecutor; the Ombudsman of the Environment
ENAP Refinerías S.A. and other corporations; the Ministry and SEREMI of the Environment; the Ministry and SEREMI of Health; the Superintendent of the Environment; the Regional and National Directorate of ONEMI, the Ministry of the Interior, the Administration of the Valparaíso Region; the Environmental Assessment Service; the President; and the Municipalities of Quintero and Puchuncaví
Oil and energy corporations’ activities in Valparaíso led to the release of a toxic cloud from Ventanas Industrial Park in 2018. Toxic substances were found in the bay, and nearby residents reported health issues.
The Petitioners, residents affected by the toxic cloud, sued twelve companies and fourteen government actors. They invoked their constitutional rights to life, health and to a healthy environment (R2HE) free of contamination. The Petitioners sought transportation to safe areas, toxicological examinations, monitoring, identification of the parties responsible and suspension of corporate activities for investigation. Other requests included environmental monitoring, the establishment of health norms, a decontamination plan, creation of an office to lead area restoration, a guarantee of information rights and revised environmental impact assessments (EIAs).
The Court dismissed the Petitioners’ constitutional claims against the corporate defendants, citing insufficient evidence to attribute responsibility to any specific corporation for the harms suffered by residents of Ventanas, Quintero and Puchuncaví.
However, the Court ruled in favor of the Petitioners regarding claims against state agents. It found that the state agents’ omissions violated their constitutional rights to physical and mental integrity, health, life and R2HE due to the right to live in a contamination-free environment. Protective measures were granted, including orders requiring the identification and quantification of harmful elements, the protection of public health, the implementation of environmental emergency policies and the safeguarding of human rights in affected communities.
Following the judgment, former President Sebastian Piñera pledged to decontaminate Quintero within three years and to reduce emissions from companies operating in the area.