NGOs and civic groups intent on saving Covas do Barroso from the ravages of open-pit mining for lithium have entered an action today against the European Commission in the Court of Justice of the European Union.
The reason is Brussels’ decision – under the auspices of its Critical Raw Materials Act – to dub the locally-contested mining venture “a strategic project”.
The Association United in the Defence of Covas do Barroso (UDCB), and ClientEarth explain their new action comes after the European Commission refused to reconsider its decision favouring the mine – “in spite of detailed evidence that shows the project carries serious environmental, social and security risks”.
In the eyes of UDCB and ClientEarth, the European Commission has not complied with its obligation to evaluate the sustainability of a project that it is classifying as “strategic”.
“In particular, the Commission ignored obvious failings in the assessment of environmental impacts, including impacts on protected species and the safety of the infrastructure planned for tailings storage”.
Both entities consider that this contradicts both EU environmental law, as well as the Commission’s own commitment to obtain the raw materials it needs through sustainable mining practices.
In its response to the first request to re-evaluate its decision. the Commission stated that fundamental concerns – including water scarcity, biodiversity loss and tailings safety – “are a national responsibility”. In other words, the Commission sees its role (in validating the project as sustainable at EU level) as being “limited to identifying manifest errors in project applications”, say the environmentalists – arguing this approach “ignores requirements designed to protect nature and human health, and essentially marginalises the communities that will be affected”.
By taking this case to the Court of Justice of the European Union, the two entities are asking judges to throw-out the Commission’s decision by clarifying its true obligations under the Critical Raw Materials Regulation – namely to “ensure that projects it validates use sustainable mining practices.”
“We are going to court because the Commission’s decision undermines fundamental legal principles of the EU,” says a statement released today.
“Classifying a project as “strategic” and in the public interest, while turning a blind eye to well-documented risks to water, ecosystems, human health and local livelihoods, is simply unacceptable. The energy transition must be based on law, science and justice – not on political shortcuts that turn rural regions into sacrifice zones”.
This is a struggle that has been going on for more than eight years – and every time those battling to save the integrity of Covas do Barroso are dealt a presumed ‘fait-accompli’, they manage to find another way to stay in the fight.
Source: UDCB/ ClientEarth
