Third Chamber of the Supreme Court upholds Las Salinas Remediation Project

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Viña del Mar, April 2, 2022. The Third Chamber of the Supreme Court confirmed in a unanimous decision the sentence issued by the Court of Appeals of Santiago rejecting the appeal for protection filed that sought to annul the Environmental Qualification Resolution for the Las Salinas land remediation project. The resolution was signed by the ministers Sergio Muñoz G., Angela Vivanco M., Adelita Inés Ravanales A., María Teresa De Jesús Letelier R. and Jean Pierre Matus A. Among the organizations that had filed the appeal were the Corporación Pro Defensa del Patrimonio Histórico y Cultural de Viña del Mar, the Movimiento Un Parque Para Las Salinas and more recently, the Municipality of Viña del Mar. Barrio Las Salinas emphasized that the decision of the Supreme Court confirms the strict adherence to the law of the environmental evaluation process of the sanitation project and the autonomy of the competent evaluating authorities of the environmental process. The Supreme Court ratified one of the conclusions of the decision of the Santiago Court of Appeals, which stated: … no flaw or arbitrariness in the actions of the SEA was accredited. In this sense, the seventh recital of the sentence states that “(…) according to the merits of the data contained in this case, the executive director has not incurred in the vice that is claimed, because he acted within the framework of his powers, objectively analyzing the background information provided and had in view (…)”. “This project seeks the definitive remediation of such an important piece of land for Viña del Mar and to seek, through dialogue, a public-private agreement that reintegrates this space to its urban development, generating the best possible project that the authorities, the communities and the company agree on together, for all its inhabitants”, said Esteban Undurraga, Development Manager of Barrio Las Salinas. It should be recalled that previously, both the Court of Appeals of Valparaíso and the Supreme Court had rejected an appeal for protection for olfactometry measurements, on January 21 and April 20, 2020, respectively. Likewise, the Court of Appeals of Santiago had already rejected an injunction to suspend the effects of the RCA on May 28.

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