Snapshot: On 4 January 2017, the San Isidro de Quipisca Indigenous Agricultural Association (AIASIQ) and an individual filed lawsuits before the Second Environmental Court challenging the Environmental Assessment Service’s (SEA) rejection of their appeals against the approval of an extension of the operation of the Cerro Colorado copper mine in the Tarapacá region of northern Chile. In February 2019, the Environmental Court ruled in favour of the individual but dismissed AIASIQ’s claims, which AIASIQ appealed. The Supreme Court ruled in favour of AIASIQ. The SEA then reviewed the impact assessment process, including through a consultation with AIASIQ, which led to an agreement with the company and a new approval in January 2022. The case is closed.

In 2013, Compañía Minera Cerro Colorado (a Chilean subsidiary of BHP), which operates the Cerro Colorado copper mine located in the Tarapacá region of Northern Chile, requested that the Environmental Assessment Service approve an extension of the mine’s operation, including the extraction of water from local sources beyond 2016 and until 2023.

The extension was approved in October 2015 by the Committee of Environmental Assessment of the region, following a process that included an Indigenous consultation. The San Isidro de Quipisca Indigenous Agricultural Association (AIASIQ), representing an Indigenous community located in the Quipisca Valley downstream from the mining site, and which did not participate in the consultation, and an individual who owns a property where the Lagunillas wetlands, affected by the water extraction of the mine, are located, filed appeals against the approval before the Committee of Ministers, a Chilean government body that reviews environmental decisions. The appeals were rejected in November 2016.

On 4 January 2017, AIASIQ and the individual filed lawsuits before the Second Environmental Court challenging these rejections, which the court consolidated into a single case in February 2017 (Proceedings R-141-2017 and R-142-2017, accessible here). AIASIQ claimed the project would affect the environment in which they live, the water they use, their cultural heritage, and archaeological and ceremonial sites. They also arguedthat the Indigenous consultation process had been defective because of how it had been organised and due to a lack of economic assistance for the organisation. The individual claimed that the extraction of water from the mine’s operations had already damaged the Lagunillas wetlands and would suffer further damage if the extension proceeded.

On 8 February 2019, the court dismissed AIASIQ’s appeal, but ruled in favour of the individual and annulled the approval of the part of the project relating to its impact on the recovery of the Lagunillas wetlands. The court ordered the authorities to restart part of the environmental assessment and to also take into account the impacts of climate change. It ordered the company to adapt its operations accordingly.

AIASIQ, the company, and the Environmental Assessment Service (SEA) appealed the ruling before the Supreme Court (Proceedings 8573-2019, accessible here). On 13 January 2021, the Supreme Court dismissed the company and the SEA’s appeals, upholding the Environmental Court’s decision regarding the individual’s claims. The court also ruled in favour of AIASIQ, ordering the authorities to take AIASIQ’s claims into account in the review of the approval ordered by the Environmental Court. SEA undertook the court-ordered process review, including a new Indigenous consultation with AIASIQ, but it did not suspend the effects of the 2015 approval, which allowed the company to continue operating during the review.

AIASIQ and the company reached an agreement on the extension of the operation of the mine, which included measures to better monitor and preserve the water resources, and setting up infrastructure to ensure internet access for the community. In October 2021, the association waived any further claims arising from the courts’ rulings.

In January 2022, the SEA issued a new approval of the project.

In parallel, following the Supreme Court’s ruling, the individual sought to have the extraction of water from the Lagunillas aquifer suspended, first unsuccessfully within these proceedings before the Second Environmental Court, and later through a separate lawsuit against the company before the First Environmental Court. In these separate proceedings, the First Environmental Court adopted precautionary measures limiting the extraction of water, which led the company to reduce the mine’s output.

In December 2023, the mine ceased its operations as the environmental permit expired, but BHP is evaluating the possibility to seek authorisation to reopen the mine.

On 30 August 2024, the proceedings before the Second Environmental Court were definitely closed.