Bilateral Panel requested a response of Chile's EPA
Public Interest Environmental Law Advocacy
December 26, 2000
The Joint Submission Committee of the Canada-Chile Commission for Environmental Cooperation recently decided that the Chilean environmental authories must give a response regarding its failure to effectively enforce Chile's environmental law with regard to the Cascada Project.
Chilean environmental NGO's in July 7th 2000 filed a claim related to the chilean environmental authorities failure to properly enforce Chile's environmental legislation with regard to Boise Cascade Corporation wood chip and OSB project for southern Chile. According to the petitioners, Boise Cascade project approval by the chilean environmental agency was against the law and violates the Canada-Chile Environmental Cooperation Agreement.
In light of any response provided by the Chilean State, the Joint Submission Committee may inform the Council that it considers preparation of factual record is warranted and provide its reasons. Pursuant to Article 15 of the bilateral environmental agreement, if the Joint Submission Committee considers that the submission, in light of any response provided by the Party, warrants developing a factual record, the Joint Submission Committee shall so inform the Council and provide its reasons. The preparation of a factual record pursuant to Article 15 shall be without prejudice to any further steps that may be taken with respect to any submission.
In preparing a factual record, the expert in environmental matters shall consider any information furnished by a Party and may consider any relevant technical, scientific or other information:
that is publicly available;
submitted by interested non-governmental organizations or persons;
submitted by the Joint Public Advisory Committee; or
developed by independent experts. The expert in environmental matters shall submit a draft factual record for consideration by the Council. Any Party may provide comments on the accuracy of the draft within 45 days thereafter. The expert in environmental matters shall incorporate, as appropriate, any such comments in the final factual record and submit it for the consideration of the Council. At the request of either Party, the Council shall make the final factual record publicly available within 60 days following its submission.
Miguel I. Fredes G.
Attorney at Law
Public Interest Environmental Law Advocacy
Antonio Varas 629, Suite #5
Puerto Montt, X Region, CHILE
Phone-Fax: 00-56-65-315494
Email:miguelforest@yahoo.com