La Corte Suprema de Justicia de la Nación, en el marco de una acción de amparo promovida por la Asociación Argentina de Abogados Ambientalistas de la Patagonia contra el Estado Nacional y la Provincia de Santa Cruz que tiene como objeto que se ordene investigar y –en su caso- se impida el comienzo de la obra correspondiente a las represas denominadas “Presidente Dr. Néstor Carlos Kirchner” y “Gobernador Jorge Cepernic”, ordenó al Estado Nacional que en el plazo de treinta días informe:
- Si han comenzado las obras correspondientes a los “Aprovechamientos Hidroeléctricos del Río Santa Cruz Presidente Dr. Néstor Carlos Kirchner – Gobernador Jorge Cepernic”, y en su caso, el avance de los proyectos;
- Si se han realizado estudios de impacto ambiental y en su caso, acompañar copias de los mismos;
- Si se han producido consultas o audiencias públicas en los términos de los arts. 19, 20 y 21 de la Ley General del Ambiente (25.675).
La Corte destacó que las represas mencionadas significan un importante beneficio para el desarrollo de la región en la que están planificadas, pero es necesario asegurar que se haya evaluado de modo serio, científico y participativo su impacto ambiental.
Esa necesidad surge porque se trata de obras de magnitud considerable, con un gran potencial para modificar el ecosistema de toda la zona y esas consecuencias deben ser adecuadamente medidas teniendo en cuenta las alteraciones que puedan producir tanto en el agua, en la flora, en la fauna, en el paisaje, como en la salud de la población actual y de las generaciones futuras.
“Asociación Argentina de Abogados Ambientalistas de la Patagonia c/ Santa Cruz, provincia de y OTRO”, C.S.J.N., 26/04/2016
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