Officials face historic lawsuit after years of ignoring 'silent suffering': 'Policy of neglect'

The Chilean government is facing a historic lawsuit filed by a number of Indigenous groups and activists over alleged air pollution caused by the mining operations of a state-owned copper producer. 

What's happening?

As reported by Climate Home News in mid-August, this appears to be the first time that the Chilean government has been sued regarding environmental concerns linked to mining. The lawsuit was filed on behalf of the residents of Calama, not far from some of the country's largest copper mines. 

The suit alleges that Codelco's operations have caused serious air pollution in the region since 2009, leading to health issues for locals, including a higher cancer mortality rate and numerous neurodevelopmental disorders in children.  

Not only does the lawsuit seek compensation for the residents of Calama, but it also aims to compel Codelco to clean up its operations and accuses the Chilean government of neglecting to effectively address ongoing pollution concerns.  

The government has denied the accusations.

Why is this lawsuit important?

Given the blasting, drilling, and transportation of raw materials involved in copper extraction, mining can generate large amounts of dust containing heavy metals, sulfates, and other trace materials.

Air and water pollution associated with copper mining can drive high regional rates of severe health problems, according to Environment America Research & Policy Center. These can include cancers, cardiovascular disease, developmental disorders, reproductive issues, and birth defects. 

As seen in Calama, the effects of copper and other mining operations can disproportionately impact historically marginalized communities and populations lacking equitable access to medical care and environmental protections.

Sergio Chamorro, a lawyer for the plaintiffs, emphasized the importance of communities having their voices heard. "In December, when [Climate Home] revealed our silent suffering and our fight, we felt we had finally been heard and had entered the national conversation thanks to international media coverage," Chamorro told the outlet. "That was the final push to file the lawsuit."

What's being done?

As this seems to be the first time the Chilean government has been taken to court over alleged environmental damages tied to mining activity, the outcome could significantly impact regulations in the country going forward. 

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"I believe the state's defense is a missed political opportunity to sit down with all parties and take responsibility," Diego Bascuñán Loyola, an attorney for Calama, told Climate Home. "It is a response that confirms the state's policy of neglect, one that refuses to confront reality."

Bascuñán acknowledged that the lawsuit is bigger than just one company. "We cannot ignore the climate emergency. We have a noose around our neck [but] we are doing the same thing we have always done," he added. "Codelco, as a state-owned company, should be leading in environmentally responsible practices, but it is the worst offender."

Chile, Peru, the Democratic Republic of Congo, and China are among the world's top copper producers. In the United States, mines in Arizona and Utah also produce the metal. 

With copper a key component of renewable energy technology, the World Resources Institute suggests that recycling the material could play a pivotal role in meeting demand, noting that "copper produced from recycled materials can save up to 85% of the energy needed for mining and extraction" and that "recycling copper can significantly reduce air pollution and greenhouse gas emissions across the entire supply chain."

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