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Supreme Court Archives ASSUPA Lawsuit Over Vaca Muerta Pollution

The court ruled the claim lacked proof of interprovincial harm, leaving enforcement and any local remedies to provincial authorities.

Overview

  • The Supreme Court rejected and archived the collective environmental suit brought by the Asociación de Superficiarios de la Patagonia after ruling the plaintiff never proved concrete interprovincial damage.
  • The decision, issued on Thursday, May 21, 2026, was signed by Horacio Rosatti and three conjueces and ordered the distribution of court costs.
  • Judges said ASSUPA failed to identify specific time, mode and place for alleged harms and improperly asked the court to use the evidence phase as an open investigation rather than present defined factual proof.
  • The suit named major operators in the Cuenca Neuquina such as YPF, Pampa Energía, Chevron, Pluspetrol, Pan American Energy, Total Austral and Vista Oil & Gas among others.
  • The ruling reaffirms that federal originaria jurisdiction requires proof of cross‑province collective harm, shifts responsibility for policing and remediation to provincial agencies, and raises the evidentiary bar for future federal environmental claims.