Court clears implementation of Milei’s Glacier Law reform in Santa Cruz Province

President Javier Milei’s reform easing restrictions on mining activity in areas near glaciers cleared a judicial hurdle on Monday and can now be applied in southern Santa Cruz Province after a court overturned an injunction that had suspended its implementation there.

The Treasury Attorney-General's Office, which represents the national government in legal matters, announced Tuesday that a federal appeals court in Patagonia had upheld an appeal against a lower court ruling that had blocked the so-called Glacier Law promoted by President Javier Milei.

Approved by Congress on April 9, despite strong opposition from environmental activitsts groups, the ruling party’s reform amended a 2010 law to allow provincial authorities to redefine areas where mining activity may take place in periglacial zones.

The reform push forms part of Milei's push to expand Argentina's mining sector. Since taking office in 2023, the La Libertad Avanza leader has sought to accelerate investment in an industry centred on the country's vast reserves of copper, gold, lithium and uranium.

The law had been suspended in Santa Cruz Province since April 24, the same day it entered into force nationwide.

A lower court granted a precautionary injunction requested through a collective lawsuit filed by the Deliberative Council of El Calafate, a town located around 80 kilometres from the Perito Moreno Glacier.

The claim sought a declaration that the law was unconstitutional. The judge agreed to suspend its application while reviewing the case, citing the potential risks associated with its implementation.

Following an appeal by the Treasury Attorney-General's Office, the federal appeals court overturned the ruling on Monday, arguing that it "contains no assessment whatsoever of the provisions of the law whose application it decides to suspend."

Although the Santa Cruz case was the first legal challenge to successfully obstruct the new Glacier Law, it is one of several lawsuits filed in courts across Argentina seeking to halt the legislation.

A collective lawsuit brought by environmental NGO Greenpeace is among those still awaiting a ruling.

Environmental campaigners argue that mining exploration in periglacial areas could accelerate the effects of climate change and threaten access to water resources.

Argentina is home to around 17,000 ice bodies larger than one hectare, including both glaciers and rock glaciers, which are masses of ice covered by rock and sediment.

– TIMES/AFP