The long environmental march in the Province of Santa Fe.

Abstract

Act 10.000 (T.O. 12.015) of the Province of Santa Fe, was built as a pioneer tool -09/01/87- of the environmental legal universe. This true “popular action of protection” of collective interests –formally denominated “summary administrative contentious appeal”– displays the advantages of the environmental class action (Act 25.675), without demanding its conditions or requirements, and at the same time bans compensating individual adventures (“…it is not admissible to obtain payment for economic provisions…” – (Art. 1°). The obstacle of the administrative path is overlooked “…through such ways a quick redress of the damage could not be obtained.” (Art. 2). In the same manner the lapsing of legal action for the filing of the action (15 days starting from the deed, omission or effects) is left without requirements, the environmental damage and its effects being renewed (Art. 3°).

Regulatory Decree N° 1844/02 Legal Nature: In spite of being denominated “decree of disciplinary action” or “corrective” of material errors, it is much more: it is an autonomous and substitutive decree, as it is expressly made clear. Therefore, the issue of situations taking place during the transition of the validity of the Decree N° 595/02 (possible but not probable) will be an issue to be dealt with potentially.