The Superior Court of Justice of Galicia (TSXG) has decided to temporarily suspend the authorization to discharge wastewater from the San Fins mines into the Pesqueira River or Rego de Rabaceiros, granted by Augas de Galicia in February 2023. This measure was taken after the third section of the contentious-administrative chamber accepted the appeal filed by Ecologistas en Acción against the resolution of the contentious-administrative court number 2 of Santiago, which had rejected the request for a precautionary suspension of the mining discharges.
In the TSXG resolution dated February 28, it is emphasized that the discharges affect the Natura 2000 Network and that neither the administration nor the mining company assessed this impact. Although the ruling is not final, there is the possibility of filing an appeal to the Supreme Court. On the other hand, the mine has clarified that the suspension ordered by the TSXG has no practical effect, as the authorization had already been revoked by Augas de Galicia in April 2024. Additionally, the Ministry of Economy and Industry is processing a procedure for the declaration of expiration of mining rights.
Regarding the judicial decision, it is emphasized that the principle of environmental precaution leads to the protection of the environment in areas such as the Natura 2000 Network. The ruling highlights the importance of demonstrating the absence of negative effects in these environments before approving a project, following the precautionary principle established in European regulations.
The ruling highlights the lack of an environmental impact study for both the discharges and the mining project, making the adoption of precautionary measures imperative to prevent irreparable damage to the environment. It emphasizes how pollution in the Noia-Muros river significantly affects the economic activity of the region, especially shellfishing, which is one of the local economic engines, due to the increase in heavy metals.
