Snapshot: Compañía Minera Zaldívar SpA is seeking an extension of its copper mining operations in the Salar de Atacama in Antofagasta (Chile), an area at the centre of ongoing legal disputes over environmental degradation linked to excessive water extraction for mining activities. On 4 December 2024, the Atacameño Indigenous community of Peine filed a lawsuit challenging the environmental approval of a short-term extension of the company’s operations until May 2025. The case is ongoing.

On 4 December 2024, the Atacameño Indigenous community of Peine, located by the Salar de Atacama in the Antofagasta region of northern Chile, filed a lawsuit challenging the environmental approval granted to Compañía Minera Zaldívar SpA (a joint venture between Antofagasta Plc and Barrick Gold) for the short-term extension of its copper mining operations until May 2025. 

The Environmental Assessment Service (SEA) approved the extension on 8 February 2024, despite opposition from the community, and reaffirmed its decision on 18 October 2024 following an appeal by the same community. The lawsuit alleges that the approval failed to consider the cumulative impacts on the Monturaqui-Negrillar-Tilopozo aquifer, in light of the existing environmental effects of ongoing operations. It argues that these potential impacts, and their effects on the community’s traditional way of life, warranted the conduct of an Indigenous consultation in accordance with the ILO Indigenous and Tribal Peoples Convention.

The lawsuit further claims that the short-term extension was presented separately from a broader proposal to extend operations until 2051, currently under environmental review, in order to avoid the requirement of a full environmental impact assessment and consultation at this stage.

The Environmental Court admitted the lawsuit on 17 December 2024. On 6 January 2025, the SEA filed a report defending its decision. It argued that an evaluation of the impact on the aquifer was unnecessary, as water use had already been authorised under the original approval until May 2025. Regarding the separation of the requests for short- and long-term extensions, the SEA considers there is no interaction between the two because they are not simultaneous. Lastly, the SEA considers an Indigenous consultation is not necessary because there is no additional impact on the aquifer and the actual operations are not within areas inhabited by Indigenous communities.

In February 2025, the company joined the proceedings as an interested third party.

The case is ongoing.

The alleged excessive extraction of groundwater from the Monturaqui-Negrillar-Tilopozo aquifer by Compañía Minera Zaldívar SpA and two other companies operating in the area is the subject of a separate ongoing lawsuit brought by the Chilean government.

Court documents:

Causa Rol R-113-2024 “Comunidad Indígena Atacameña de Peine con Servicio de Evaluación Ambiental” (in Spanish)