Minera Yanacocha lawsuit (re Conga mining project, Peru)
Sources
Snapshot: In 2012, Marco Arana, a former priest and member of Congress, filed an amparo lawsuit against Minera Yanacocha (majority-owned by Newmont Mining), and Peru’s Ministry of Energy and Mines, alleging that the Conga gold and copper mining project in the Cajamarca region of Peru lacked adequate environmental safeguards and threatened the health and livelihoods of local communities.
Lawsuit profile
In 2010, the Conga Environmental Impact Assessment (EIA) was approved by the Peruvian Government. Local communities protested, arguing the process lacked sufficient consultation and that the proposed mine would endanger their rights, livelihoods, and access to clean water.
On 30 November 2011, the Conga mining project was suspended following protests. The resignation of Deputy Minister José de Echave from the Environment Ministry highlighted the government’s challenges in managing social conflicts related to the project.
On 30 January 2012, the Peruvian Government initiated an independent review of the EIA for the Conga project. President Ollanta Humala hoped this step would ease tensions, as local communities feared pollution from mining operations would harm their water sources.
In September 2012, Marco Arana, a former priest and member of Congress, filed an amparo lawsuit against Minera Yanacocha (majority-owned by Newmont Mining), and Peru’s Ministry of Energy and Mines, alleging that the Conga gold and copper mining project threads the violation of environmental safeguards and the health and livelihoods of local communities.
On 23 February 2013 Minera Yanacocha rejected a community-led proposal to hold a local consultation (referendum) on the Conga project, arguing that such a process, without government involvement, could undermine national mining interests.
On 24 September 2013, protesters against the Conga project reported being attacked by individuals alleged to be Minera Yanacocha employees and security personnel.
On 16 January 2014, Minera Yanacocha reported that protesters vandalised property at the Conga site, which led to several detentions by authorities. In an attempt to address community concerns, Yanacocha began constructing water reservoirs.
On 24 January 2014, EarthRights International filed an action in a U.S. federal court seeking documents from Newmont Mining regarding alleged repression of protests at Conga. The request focused on incidents of police violence, which reportedly left several protesters injured or disabled.
In April 2016 , Newmont announced it had removed the Conga project from its reserves, citing expired permits and political and social challenges, stating the mine was unlikely to be developed in the foreseeable future.
On 20 August 2024, twelve years after the suspension of the Conga project, the High Court in Cajamarca upheld a ruling that the proposed mine would endanger the rights of nearby communities, stating that the project lacked measures to prevent environmental degradation. The ruling ordered an end to any actions promoting the project’s development. The ruling is expected to face appeal, as the Peruvian Minister of Energy and Mines has indicated intentions to revive the Conga project.