Pedro Flores v. Corporación del Cobre-Division Salvador
Copiacó Corte de Apelaciones
Rol. 2.052 (1988)
- Written by Andrea Smith, JD
Facts
Corporación del Cobre-Division Salvador (Codelco) (defendant) discharged copper tailings containing toxic substances into the Salado River, which Codelco altered so the river drained into a national park and ultimately the ocean. The tailings caused a variety of ecological injuries along the coast. Pedro Flores San Martin (plaintiff) filed suit, citing the right to live in an environment free of pollution found in the Chilean constitution and asking that Codelco stop the pollution and pay damages. Flores also argued that Codelco’s activities were illegal and in violation of existing regulations that prohibited dumping of unpurified tailings into the ocean, rivers, and lakes. A separate appeal by residents of Chañaral asking for the same considerations was joined to Flores’ claim. Codelco claimed it was acting under the authority of a government decree that allowed the company to dump polluted water in a specific part of the Salado River.
Rule of Law
Issue
Holding and Reasoning (Pizarro, Fuenzalida, J.)
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