Environmental NGOs seek ‘largest collective lawsuit in history’ in defence of Argentina’s glaciers

Argentina’s lower house Chamber of Deputies has approved a reform to the national Glacier Law, giving the green light to a series of changes which – according to environmental organisations – “put at risk the water of millions of people across the country” and weaken controls over extractive activities in sensitive areas.

In response, organisations including Fundación Ambiente y Recursos Naturales (FARN), the Asociación Argentina de Abogados/as Ambientalistas (AAdeAA) and environmental NGO Greenpeace have announced that they will proceed with legal action to have the reform declared unconstitutional. 

“We cannot stand idly by. After the betrayal of the public will, we are turning to the courts, but we need social support to halt this setback,” the groups stated in a communiqué, in which they call for people to join what they describe as “the largest collective lawsuit in history” in defence of glaciers.

Speaking to Perfil, Quique Viale of the Asociación Argentina de Abogados/as Ambientalistas said: “We will not resign ourselves to handing over Argentina’s water. We remain with one foot in the streets and the other in the courts. The socio-environmental movement is familiar with long struggles. The Glacier Law itself, now regressively amended, had already been vetoed and together we managed to pass it again. The ‘legal certainty’ demanded by companies is now more than ever a chimera.”

Milei’s reform of the Glacier Law, which was passed by the lower house after almost 12 hours of debate, introduces key modifications to the regime for the protection of glaciers and the periglacial environment. 

Among the main changes: the scope of the concept of the “periglacial environment” has been narrowed, which, according to critics of the change, reduces protected areas. Some mining and infrastructure projects will now be permitted in zones that previously had stricter restrictions. Mechanisms are introduced to update the National Glacier Inventory using criteria that could exclude smaller bodies of ice and greater leeway is granted to the provinces to authorise activities within their territories.

The ruling party, its coalition and allied sectors maintain that the reform seeks to “strike a balance between environmental protection and productive development,” particularly in regions where mining is a major economic driver.

Governors and representatives from Andean provinces with a strong mining presence back the changes. They argue that the previous rules created excessive obstacles for investment and productive projects.

Authorities in the jurisdictions insist that the reform does not eliminate glacier protections, but rather “corrects distortions” and provides greater legal predictability. They also stress that provinces should play a central role in managing their natural resources, as established by Argentina’s Constitution.

Catamarca Province Governor Raúl Jalil, in an appearance on the Gelatina streaming channel, described the changes as “a positive step forward. 

“Natural resources belong to the provinces. Mining must be subject to environmental controls. There is no sector with more oversight. Neighbouring provinces will have a say. Today we cannot live without mining. We have investments of more than US$8 billion” at risk, said Jalil.

Environmental organisations, scientists and citizens’ assemblies reacted strongly to the new bill’s approval. They argue the amendments represent a setback in the protection of strategic freshwater reserves in the context of the climate crisis.

According to the groups, the reduction of protected areas and the authorisation of extractive activities in sensitive zones, such as periglacial areas, could affect the water balance of entire regions. “Glaciers are fundamental water reserves. Weakening their protection is to jeopardise access to water now and in the future,” they warn.

They also argue that the changes contradict the original spirit of the law passed in 2010, which established strict restrictions on mining activity in glacier and periglacial areas.

Environmental organisations are promoting a legal strategy to halt the implementation of the reform. The initiative aims to have the reforms declared unconstitutional, on the grounds that they violate citizens’ right to a healthy environment.

A siren call is out, seeking to gather support across the country from citizens in order to file a large-scale collective action. “This is a turning point: either we defend our water sources or we enable a model that puts them at risk,” say organisers.

The debate is set to intensify both in the courts and in the political arena, in an issue that once again brings into tension economic development, provincial autonomy and environmental protection.