In this case, the plaintiff challenged the decision of the Superintendence for the Environment authorizing the project of hydropower electrical plant de Los Lagos.
The plaintiff alleged that the Superintendence for the Environment did not take into account the cumulative impact of the project when it granted the environmental licence. Indeed, the plaintiff pointed out that some changes were made in the project after the delivery of the environmental licence and that those changes would require a new environmental impact assessment to evaluate the impact of those changes on the ecosystems. Consequently, the plaintiff required that the court order the Superintendence for the Environment to issue a temporary suspension of the operating authorization in accordance with Article 3 of the Organic Law of the Superintendence for the Environment.
The Environmental Tribunal held that the Superintendence for the Environment was in its right when it stated that it could not issue a temporary suspension of the operating authorization because no material work had been executed by the licensee and that it was not possible to argue only by simple administrative procedures any unforeseen generated effects that would not have been assessed previously.