Explainer: Milei’s attempt to change Argentina’s glacier protection law

Lawmakers in Argentina’s lower house Chamber of Deputies are set to renew debate over the balance between economic development and environmental protection as President Javier Milei’s party pushes forward with a bill to amend the national Glacier Law. 

The proposed reforms would narrow the scope of protected areas, particularly in sensitive periglacial zones, while opening the door to expanded mining exploration and investment. 

Backed by several provincial governors eager to attract large-scale investment, the initiative has sparked strong opposition from environmental groups and critics who warn of potential risks to vital freshwater reserves.

What will change

President Javier Milei’s bill amending Argentina’s Glacier Law seeks to redefine which areas near the bodies of ice, snow and water are protected and, in periglacial zones, allow the exploration and extraction activities aimed at attracting mining investment.

The bill redefines the scope of protection for glaciers and the periglacial environment by limiting it to formations that fulfil hydrological functions. 

The bill has the support of allied provincial governors, who want to kickstart multi-million-dollar mining investments in several northern provinces and the Cuyo region through the RIGI major investment incentive scheme included in the ‘Ley de Bases’ reform of 2024.

Governors backing the bill publicly include Catamarca’s Raúl Jalil, San Juan’s Marcelo Orrego, Salta’s Gustavo Sáenz and Mendoza’s Alfredo Cornejo, whose region has the most developed mining sector.

One of the key aspects of the bill is the modification of protection criteria to allow economic activity in areas that were previously strictly safeguarded, particularly in the periglacial environment.

The changes would also transfer decision-making powers to the provinces over which areas to protect and which not to, reducing the role of the central government.

Current law

The current Glacier Protection Law (26.639), passed on September 30, 2010, sets out minimum standards for the protection of glaciers and the periglacial environment. It also established a National Glacier Inventory, which is tasked with identifying and registering all glaciers and periglacial geoforms.

One of the governors’ main criticisms is that the National Glacier Inventory is outdated – its defenders argue it has faced significant financial constraints due to a lack of funding.

The proposal would remove the sweeping ban on extractive activities in periglacial areas, allowing economic activity provided it is approved through an environmental impact assessment.

Up until now, protection has depended on technical studies demonstrating whether an area serves a relevant hydrological function. If it cannot be scientifically proven that an area contributes to water supply, the region could be opened up for exploitation.

Under the new bill, the inventory compiled by the Instituto Argentino de Nivología, Glaciología y Ciencias Ambientales (IANIGLA) could be reviewed by governors.

Periglacial environment

The periglacial environment is one of the most important areas within the protection system established by Argentina’s Glacier Law, as it plays a key role in water conservation.

These are areas near glaciers where the ground remains frozen for much of the year, acting as a natural water reserve and regulating the flow of water into rivers and basins.

Such regions function like a “sponge”, storing and gradually releasing water – a process that is essential for supply across different parts of the country.

The periglacial environment is protected by the current law, which restricts certain activities such as mining or resource extraction in order to prevent environmental damage that could affect these reserves. 

Environmental organisations including Greenpeace have voiced their opposition to the changes and warned of risks to drinking water. 

Campaign groups say Milei’s bill would lead to the irreversible destruction of glaciers, jeopardise key sources of fresh water and affect the regulation of river basins and the ecosystem services linked to the water cycle.

“It’s a law that the mining companies want,” said Unión por la Patria opposition deputy Jorge Taiana this week, warning that the reform “leaves periglacial areas unprotected” and weakens the government’s role in the management of national resources.

NGOs have vowed to challenge the changes in the courts, stating they will compromise international commitments made by Argentina on environmental protection.
 

– TIMES/NA/PERFIL