ENVIRONMENTAL JURISDICTION DISPUTES UNDER A FEDERAL SYSTEM: REFLECTIONS FOR AN "ENVIRONMENTAL FEDERALISM"

In this case law comment is presented a critical assessment regarding the Argentine Supreme Court of Justice decision settled, on 5th May 2015, in a case in which two courts claimed jurisdiction over the investigations of criminal responsibility for the spillage of cyanide fluid from the Veladero Mine, located in the province of San Juan, which took place in September 2015. This case sets out the discussion of jurisdiction regarding environmental impact matters and the scope of federal jurisdiction over local jurisdiction in the events provided by law. The analysis of this decision uncovers the tension between constitutional rights: federalism as a means of state organization and the preservation of environment for present and future generations. In the light of these facts, this paper is concluded by offering the reader an analysis from an "environmental federalism" of the ruling adopted by the highest Argentine court over a significant event of pollution involving highly toxic substances in a river basin located at Andes Mountain Range.