Project
Photo: Steven Ablitt / Cassiar WatchVictory: Canada supports public participation and environmental assessment
Thanks to a court ruling to which AIDA and our allies contributed, Canadian authorities must allow active participation in all mining and industrial megaprojects, as well as comprehensive environmental impact assessments.
The decision came after a long legal battle that began in 2006. That year, an open-pit copper and gold mine called Red Chris was approved without the adequate evaluation of its environmental impacts. It was sleighted to process 30 thousand metric tons a day.
The Imperial Metals company intended to build the mine in the Kapplan River Valley, a remote and pristine natural area home to large mammals such as Dali’s sheep, caribou, bears and moose. In addition, the area is part of the migratory salmon route and the Tathlan indigenous community lives nearby.
The company had fragmented the project into small parts to avoid evaluating the full impact of the project, thus violating international standards and the right to public participation.
In 2009 AIDA filed a brief with Canada’s Supreme Court in support of a lawsuit filed against the project by MiningWatch and Ecojustice.
The ruling remains a powerful tool to protect huge expanses of pristine and valuable land for its biodiversity, water sources, and the culture of indigenous communities.
It was a watershed moment in terms of ensuring companies fulfill their obligations when developing projects that put at risk the natural environment and those who depend on it.
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Life in Andean wetlands at risk from extractivism
The expansion of industrial extraction of lithium and other minerals for the energy transition of the global north threatens wetlands in Argentina, Bolivia and Chile. These delicate ecosystems are an abundant source of life and fundamental for human subsistence, environmental balance and for mitigating and adapting to the climate crisis.The Andean wetlands - including salt flats, lakes and lagoons - of Argentina, Bolivia and Chile are at serious risk due to the advance of the extraction of lithium and other minerals demanded for the energy transition in the countries of the global north. The Andean Wetlands Alliance warns of this threat to these ecosystems where life abounds and which are key to human subsistence and biodiversity in general and to the fight against the climate crisis.This year, the Convention on Wetlands proposes as the theme for World Wetlands Day: “Protecting wetlands for our common future”. This theme highlights the importance of collective action to protect these ecosystems, on which the future of humanity depends.According to United Nations data, although they cover only 6% of the earth's surface, wetlands are home to 40% of all plant and animal species. And, worldwide, more than 1 billion people (one eighth of the Earth's population) live in rural and urban areas that depend on these ecosystems for their livelihoods. However, with a 35% global loss in the last 50 years (since 1970), wetlands are the most threatened ecosystem, disappearing three times faster than forests.In Latin America, the Andean wetlands of the Gran Atacama region - located in the border area of Argentina, Bolivia and Chile - are home to unique species of flora and fauna, especially adapted to extreme climatic conditions, as well as microorganisms that absorb carbon dioxide and release oxygen. Its high capacity to purify and store water guarantees the supply of the resource for communities and species, also generating conditions for adaptation to the climate crisis.However, due to the presence of large quantities of lithium in these wetlands - the three countries concentrate more than 53% of the resources (potentially exploitable material) of the mineral - there is great pressure on them: corporate and state actors have developed a growing and massive mining industry to meet the demand for lithium in the global north, oriented to the manufacture of electric vehicles and energy storage from renewable sources, among other purposes.On the other hand, national and provincial governments see the industry as an opportunity to attract investment and strengthen their economies, for which they relax or poorly implement regulations that require an adequate analysis of the environmental and social impacts of projects. Likewise, there are no processes of consultation and free, prior and informed consent with the indigenous communities living in the territories. Nor are the rights of access to information, citizen participation, access to justice in environmental matters, or a safe environment for environmental defenders guaranteed.One of the main impacts of this type of mining (lithium extraction) is on water, a central element of Andean wetlands. Lithium is extracted from the water beneath the salt flats, a process that requires both saltwater and freshwater. Andean wetlands exist in regions where survival depends on the scarce water that defines them. The expansion of extractivism in the Gran Atacama regionArgentinaAccording to official data, the country has a portfolio of more than 50 lithium projects in different stages of progress, mainly located in the provinces of Salta, Catamarca and Jujuy. Three of them are in production and export stage (a fourth project started production in July 2024), four are under construction and more than 40 are at different stages of progress (prospecting/exploration/feasibility), mostly in advanced exploration phase. In Salta and Jujuy operate large companies such as Pan American Energy, Pluspetrol and Tecpetrol, historically linked to the oil and gas industry, which are now expanding their presence in renewable energy sectors, with a marked interest in lithium extraction.However, through an amparo action filed against the authorities and government of the province of Jujuy, it has come to light that there are more than 40 mining projects in the Salinas Grandes Basin and Guayatayoc Lagoon alone, an endorheic basin where more than thirty native communities belonging to the Kolla and Atacama peoples/nations live. To date, their progress and whether there are other projects is unknown because access to public environmental information is restricted and is not provided in a complete and timely manner, in breach of national regulations and international standards. In the Salar del Hombre Muerto, Catamarca, is the oldest lithium mining enclave in the country. The salt flat has been exploited since 1996 by the company Livent (now Arcadium Lithium), causing the total and irreversible drying up of the vega of the Trapiche River. In March 2024, the Supreme Court of Catamarca ordered a halt to mining activity in this salar until a cumulative environmental impact assessment is conducted. BoliviaIn the Salar de Uyuni, the largest in the world, resources of 23 million tons of lithium have been identified. And there are 26 other salt flats that, by regulation, are reserved for the exploitation of the mineral; exploration activities are being carried out in six of them. In Bolivia, lithium is state-owned. The country has a state-owned exploitation plant that began operating in 2024 at 20% of its capacity. In 2012 and 2018, two public consultations were held for state-owned plants, but these excluded indigenous and native communities with titled collective lands. Some communities have informally denounced a significant depletion of springs and water wells. The degradation of the Salar de Chalviri and the overexploitation of lithium and boron in the Salar de Capina have also been denounced.Since 2023, agreements have been signed and exploration and camp installation activities have begun with one Russian and two Chinese companies. These agreements have resulted in two contracts, signed at the end of 2024 and pending approval by the Legislative Assembly, with the Russian company Uranium One Group for a plant in the Salar de Uyuni and with the Chinese consortium CBC Hong Kong (CATL-BRUMP-CMOC companies) for two other plants in the same salar. Also at the end of last year, a second international call was launched for the exploitation of four other salt flats (Empexa, Capina, Cañapa and Chiguana), which has resulted in the signing of agreements with the companies EAU Lithium Pty Ltd (Australia), Tecpetrol S.A. (Argentina) and Geolith Actaris (France). These agreements, contracts and processes have been developed without prior consultation processes and with a lack of transparency. ChileThe Salar de Atacama basin is home to more than 90% of Chile's lithium reserves and was one of the first to be exploited by the mining industry. Currently, there are four major mining operations in the Salar Atacama, located in the Antofagasta Region: lithium extraction by Sociedad Química y Minera de Chile (SQM) and Albemaerle, under contracts with the Corporación de Fomento de la Producción (CORFO), which involves the extraction of more than 2,000 liters of water per second; and the parallel extraction of copper by Minera Escondida and Minera Zaldívar, which extract more than 1,400 liters of fresh water per second, aggravating the already critical water crisis in the area. The Atacameño Community of Peine, who live in the salar basin, has taken legal action denouncing the overexploitation of their aquifers, while in Calama, citizen movements are demanding water governance in the face of uncontrolled extraction by mining companies. In 2015, a government-appointed committee recognized that brine extraction has adverse effects on the ecosystem, but instead of regulating its use, it confirmed the government's long-standing policy of regulating lithium production.In Chile, the government has exclusive property rights over lithium under Decree Law 2886 (1979). This means that state institutions, particularly CORFO, set the conditions under which private companies operate in the salars. In 1979, following U.S. directives, the Chilean government - the dictatorship of Augusto Pinochet - declared lithium a “strategic mineral” and took measures to safeguard long-term reserves by limiting production through quotas accredited by the Chilean Nuclear Energy Commission.The National Lithium Strategy, launched in 2023, seeks to expand state exploitation, including new projects in the Maricunga and Pedernales salt flats. Chile concentrates 36% of global lithium production and, with at least 31 new green hydrogen projects in the pipeline, pressure on water resources will increase exponentially. It is known that, since 2013, on SQM's property, 32.4% of the carob trees (Prosopis chilenis) have dried up due to lack of water. The carob tree is a native tree, resistant to drought and with very deep roots that allow it to survive in this environment. Press contacts Víctor Quintanilla, Interamerican Association for Environmental Defense (AIDA), [email protected], +52 5570522107Rocío Wischñevsky, Fundación Ambiente y Recursos Naturales (FARN), Argentina, [email protected], +54 1159518538Verónica Gostissa, Asamblea Pucará (Argentina), [email protected], +54 93834771717Juan Donoso, Formando Rutas (Chile), [email protected], +4915780743628
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Biocultural Corridor: Hope for a better future for the Pantanal
By Jorge Lu Palencia and Andrea Islas López*The Pantanal is a unique and rich wetland. It integrates elements of the semi-arid Amazon Rainforest, the Atlantic Forest (humid forest), the Cerrado (tropical savannah), the Chiquitano Dry Forest and the steppe savannah of the Chaco. With an extension of almost 18 million hectares, it crosses the borders of Bolivia, Brazil and Paraguay. Its biodiversity is fundamental to water conservation, food production, climate regulation, and the life and culture of millions of people: farmers, traditional communities, quilombola communities, and indigenous peoples. The Pantanal, however, is in danger of disappearing due to devastating seasons of forest fires and other threats caused by structural deficiencies in the institutional management of the ecosystem.In 2022, civil society organizations asked the Ramsar Convention to apply the protection mechanisms for wetlands of international importance to the Pantanal, warning that the number of heat sources had increased to five times the historical average. And in 2024, they reported that the fire season again exceeded historical average conditions.A few weeks after the fires, in November 2024, the Popular Water and Climate Committees—made up of small farmers from the Paraguay River basin—gathered to celebrate nature and reaffirm their commitment to water conservation through the self-affirmation of the Paraguay River / Pantanal Biocultural Corridor.These committees have been working for more than 25 years to confront the socio-environmental threats posed by mining, projects such as waterways and hydroelectric dams, and soy and sugarcane monocultures.They represent an alternative model of ecosystem management in which communities organize themselves to protect their territory and promote sustainable practices. What does self-affirmation of the biocultural corridor mean?In environmental practice, the term “corridor” is applied to ecological corridors, whose main function is connectivity, i.e., the movement of wildlife species for shelter, feeding and reproduction, as well as plant dispersal.Adding the “biocultural” element to the corridors means thinking that human beings are part of the ecosystem, that the conservation of nature does not exclude the purpose of making possible the full life of human groups, and that culture—materialized in the diverse world views, ancestral knowledge, traditional practices and forms of organization—is a fundamental element for effective conservation of nature.The self-affirmation of the popular committees of the Pantanal is a milestone that reminds us that the protection of nature does not depend only on the action of governments but is made possible by the awareness and popular initiative of communities and peoples. It shows that the exercise of public participation rights is indispensable and fundamental for public policies that make life and socio-environmental justice possible.Biocultural corridors make it possible to integrate conservation and economic and cultural activities with ecological practices, thus promoting a more sustainable future for the communities and the Pantanal region.They represent the birth of a more legitimate and effective conservation initiative, a participatory management and an organizational system in which decisions and policies flourish from the bottom up. An alternative model to poor institutional governance In the context of the climate crisis and a political and economic system that exacerbates the threats, the devastating fire seasons in the Pantanal highlight the problems of land-use change, irresponsible use of fire for agricultural and cattle raising activities, inadequate management of resources to prevent and fight fires, and the lack of coordination and transboundary cooperation.Structural deficiencies in institutional governance have led to inadequate public policies or even to habitat loss through incentives for monocultures and extensive cattle ranching, water regulation using waterways and dams that provide ecosystem services, subsistence and culture for local communities and indigenous peoples.Faced with this panorama, the self-affirmation of the biocultural corridor emerges as an alternative model of territorial management, driven by the people as a response to the lack of effective public policies.With this model, the communities promote conscious popular education to protect water and adopt ecological agricultural practices, instead of relying on a system that favors an economy of degradation at the expense of habitat destruction. Reasons to be hopeful about preserving the PantanalThe self-affirmation of the biocultural corridor allows us to be optimistic due to:The resilience of the people of the Pantanal, which allows them to overcome the devastation and open an alternative path for the conservation of the ecosystem, with the initiative and participation of the farmers.Emancipatory awareness and action that puts life at the center, based on the rights of nature, respect for human rights, and social and environmental justice.An organization that resists and builds itself democratically, based on the Pantanal’s identity, mystique, ancestral knowledge and sustainable traditional practices.A popular and participatory management model that harmonizes conservation and integral development goals, builds bridges with other communities and indigenous peoples, and has the potential to expand as a transboundary socio-environmental governance system with an ecosystem approach.Thanks to the popular committees, the Pantanal is alive and has possibilities for a more sustainable future. The creation of the biocultural corridor is a clear sign of hope for this vast and rich wetland.This model, based on popular management and respect for nature, offers a viable alternative to the threats facing the Pantanal and is a source of inspiration for other territories in crisis on the continent.* Jorge Lu Palencia is an attorney with AIDA's Ecosystems Program; Andrea Islas López is an attorney and intern at AIDA.
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Let's talk about project closure and responsible exit
No mining, fossil fuel extraction or power generation project lasts forever. Their useful life is determined by internal factors, such as the quantity of resource reserves, and external factors, such as declining demand or financial problems.But no matter how long a project lasts or how it is affected, its promoters—whether public or private—must provide for a closure and responsible exit process that considers the natural environment and affected communities, and that is desired and promoted by all stakeholders.This issue is even more relevant in the context of actions needed to address the climate crisis, largely related to the energy transition, which generally implies the substitution of fossil fuel extraction and use projects, as well as the promotion of low-emission renewable energies associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In the first, it is necessary to incorporate concrete and enforceable commitments to close down and move on from existing projects. In the second, these requirements should be built in from the planning and pre-feasibility stages and should also be included in the environmental impact assessments and subsequent stages.In all projects, the role of the promoters is essential. Likewise, the obligation of the state to supervise and monitor is of great importance in order to protect and guarantee the rights of those who may be affected. In some cases, the responsible exit also includes other key actors that are part of the value and supply chains of the projects: investors, financiers, insurers, suppliers, distributors and buyers, among others.Therefore, the discussion of project closure and responsible exit is essential to environmental protection and climate management in Latin America.What do we mean by project closure and exit?All mining and energy projects have different phases in their life cycle: initiation, planning, execution, monitoring and control, closure, and post-closure. In turn, they have supply and value chains that, as we have said, involve actors from different sectors.In this context, closure refers to the stage of a project in which it ceases to operate and is terminated. Exit, on the other hand, refers to the decision and subsequent process in which the different actors in the project's value and supply chain, in their own roles, completely disengage from the project. What does it mean for a closing and exit process to be responsible?There is currently no consensus on the definition and scope of responsible exit and fair project closure processes. Sometimes these terms are used indiscriminately, which can lead to confusion about the responsibilities of the actors involved and the scope of the processes to be carried out. However, there are elements that allow these concepts to be explained precisely:Responsible and fair project closure is a planned, upfront process that should be considered from the earliest stages of a project and continually updated as the project evolves. Responsible closure ensures a planned, coordinated and participatory cessation of activities and dismantling, and guarantees the right to a healthy environment.The planning and development of a closure plan should focus on risk management as well as impact prevention and mitigation. This will ensure a responsible closure in which the affected areas can be readapted and made safe for both nature and communities, while allowing the ecosystems to recover their functions.The general obligation of the project developer is to properly identify the impacts that the project may cause and to adequately and timely comply with the measures approved by the State in its environmental management instruments.The main obligation of the State (in addition to its general regulatory duty) is to supervise and monitor the project to verify compliance with the developer's obligations and to prevent environmental and/or social damage.The role of other actors in the value and supply chain is to act with due diligence, to use their influence to encourage the promoter to comply with its obligations and, in the event of non-compliance, to act within their role and influence to ensure that the necessary corrective measures are taken.Responsible and fair exit refers to the process undertaken by the various actors in the value and supply chain when they decide to fully divest from a project, considering the responsibilities inherent in their role, which include fulfilling their obligations with respect to human rights and due diligence.In Latin America, there has been important progress in regulating aspects related to the permitting, commissioning and implementation of mining and energy projects. However, experience has shown that there are significant challenges in ensuring that the closure and exit processes are responsible for the ecosystems and communities involved.To learn more about this issue, see our report Closure and Responsible Exit. A requirement for environmental and climate justice in Latin America (in Spanish).
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