Within the framework of two amparo actions filed by a citizen and a non-governmental organization of environmentalists, the head of the Federal Prosecutor's Office No. 1 of Mar del Plata, Laura Mazzaferri, ruled in favor of granting the precautionary measures that requested the cessation and /or suspension of seismic exploration activities, oil exploitation and other related works, off the coast of the General Pueyrredón District, which were opportunely ordered by the National Government through Decree 900/21 and approved by Resolution No. 436/ 21 of the Ministry of Environment and Sustainable Development of the Nation, until a strategic environmental evaluation is carried out and strict compliance with all regulatory provisions on environmental matters, both nationally and internationally. The protection actions, with respect to which The representative of the Public Prosecutor's Office considered that the legal budgets were in place to enable the federal instance, they were presented by a citizen and by the Organization of Self-convened Environmentalists . Although each one presented particularities in its claims, both agreed on the potential danger that would produce seismic prospecting and eventual oil exploitation off the coast of Mar del Plata, the main city of the General Pueyrredón district. In the case of the action initiated by the citizen, he requested the suspension of seismic exploration activities, "until both the Environmental Impact Statement was obtained, guaranteeing access to public information related to this activity and the effective participation of the community of the General Pueyrredón Party in the environmental impact evaluation process under the terms of the Escazú Agreement, and in the decision-making regarding the projected activity.
He also requested that intervention be given to the National University of Mar del Plata, the National University of the Center of the Province of Buenos Aires , the National University of La Plata and the National Council of Scientific and Technical Research (CONICET) , for the preparation of the corresponding health, technical, environmental and impact reports. For its part, the Organization of Self-convened Environmentalists filed a collective habeas corpus that was rejected by the first instance judge, but then the Federal Court of Appeals of Mar del Plata ordered the action to be redirected as a protection, with the intervention of the civil federal justice system. In its presentation, the Non-Governmental organization highlighted “the current and imminent threat to all specimens of Southern Right Whales (…) due to the disturbing sound emissions that will be generated by the seismic surveys (intensive high-impact sound bombardment) over the Northern Basin of the Argentine Sea.”
In her opinions, the prosecutor Mazzaferri considered that the budgets for granting the required precautionary measure had been configured, as she had correctly argued about the plausibility of the right and the danger of delay, since the appealed resolution, which has authorized the seismic surveys, would have been issued without the intervention of an organization that, according to the Law of Parks and Historical Monuments, had to be consulted on a mandatory basis (Art.19 law 22,351) – taking into account the nature of the southern right whale as a natural monument – to which is added the alleged lack of due access by all citizens to the environmental impact reports used, as well as the completion of all adequate studies required, so he requested that space be made.