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Supreme Court ruling on Dominga mining-port project “does not imply a decision on the merits

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The Ministry of the Environment (MMA) referred to the Supreme Court ruling that declared inadmissible the appeals for cassation that sought to definitively halt the Dominga mining-port project, stating that the ruling by the Third Chamber “does not imply a decision on the merits.”

“The pronouncement of the Supreme Court does not imply a decision on the merits of the project and in its content establishes that the rulings of the First Environmental Court of Antofagasta are not definitive,” communicated the MMA.

“The Supreme Court also reaffirms that the competence to rule on the Dominga mining-port project lies with the Committee of Ministers, a body that already made a decision on the matter in January 2025,” it added.

In this sense, the ministry emphasized that “currently there are still judicial appeals pending resolution, both in the Court of Appeals of Antofagasta and in the Second Environmental Court of Santiago.”

Therefore, the Supreme Court declared inadmissible the appeals for cassation in form and on the merits filed against the resolution issued by the First Environmental Court in December 2024, thereby ratifying the legal diagnosis that ordered the continuation of the administrative process regarding Dominga.

The inadmissibility closes the path of cassation for the most recent appeals, but leaves pending a procedural discussion that continues in the Court of Appeals of Antofagasta regarding the incidental compliance with the ruling of the First Environmental Court; in that sense, the ruling does not exhaust all judicial instances nor does it constitute a definitive resolution on all aspects of the project.

Despite the above, Andes Iron -a company linked to the project- valued the ruling as a milestone that clears the path for the reactivation of Dominga and affirmed that the initiative was evaluated with scientific rigor and in accordance with current regulations.

“The Humboldt Archipelago is a unique ecosystem in the world, a heritage of all Chileans, and the Ministry of the Environment continues to work decisively for its protection,” concluded the MMA’s letter.

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