Rosso, Ximena v. Haberkorn, Roskopf, Governor of the Province of Entre Ríos & Municipality of Colonia Ensayo

Reference :

1869

Complaint date :

No description

Status :

Provisional judgment

Place of jurisdiction :

Argentina, Panara

Plaintiffs types :

Neighbours, Individuals

Plaintiffs names :

Janet Ximena Rosso (President of the Tierra Alta Urbanization Neighborhood Commission), on behalf of the neighbors

Defendants :

Public collectivities, Farmers

Lawyers for Health and Environmental Justice :

No description

Case nature :

No description

Specificities :

Amparo

Type(s), Product(s), Active substance(s) :

All

Requests :

To order the cessation of a polluting activity having a direct impact on the Tierra Alta housing estate, Colonia Ensayo, due to the spreading of toxic agrochemicals in the surroundings of the aforementioned area.

Name of the Court :

Labor Court (Cámara Tercera de Apelaciones del Trabajo de Paraná) of Panara, Argentina

Jurisdiction level :

No description

Decision date :

November 3, 2023

Decision nature :

Positive

Decision content :

The safe limit for pesticide spraying is provisionally set at 1,100 metres. Analyses and expert reports are being commissioned to determine a definitive limit and to ensure that adjacent drinking water has not been contaminated.

Legal basis :

No description

Court Ruling :

Link to the ruling

Summary :

On November 3, 2023, Judge Guillermo Leopoldi Federick of the Parana Labor Court, seized of an environmental protection action (acción de amparo ambiental) by a group of neighbors, adopted a provisional measure to immediately suspend all aerial or ground pesticide spraying activities within 1,100 meters of the Tierra Alta neighborhood in the town of Colonia Ensayo, Argentina. The measure will remain in force until the Tribunal has ruled on the merits of the case.

The action is brought against Cesar Haberkon and Sonia Roskopf, two farmers involved in pesticide spraying. The local residents and Mr. Haberkon had previously entered into a mediation agreement, the breach of which gave rise to this action.

In its decision, the Court ordered the government of the Province of Entre Rios to carry out analysis and monitoring of the water systems in the affected area in order to prevent and/or detect the potential presence of pesticides in the water. A report is to be provided to the Court on completion of these measures.

Scientific references :

No scientifice reference for this case.