The Invalidation Review: Administrative and Judicial Review of Environmental Permits
This article discusses the so-called «invalidation review» theory, formulated to orient the application of article 17 number 8 of Law 20,600 through the lens of the tension between environmental precaution and the protection of legal certainty. It is noted that the forementioned theory largely favours the stability of environmental permits to the detriment of the rights and interests of third parties, because this theory only allows third parties outside the environmental assessment procedure to challenge an environmental permit within 30 days from its notification to those who did participate in the procedure. Considering this, the article offers three arguments to discard the «invalidation review» theory: one concerned with the legality of such approach, one with the integration of special norms with general norms and one related to the access to justice. In addition, it is argued that such theory does not offer an adequate balance of the interests at stake in this matter. Then it argues for the full supplementary application of article 53 of Law 19,880 in relation to article 17 number 8 of Law 20.600, so that third parties outside the environmental assessment procedure may request the invalidation of an environmental permit within two years from its issuance. Finally, a way of balancing the interests at stake is proposed by applying the doctrine of legitimate expectation.
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| Format: | Digital revista |
| Language: | spa |
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Centro de Derecho Ambiental, Facultad de Derecho, Universidad de Chile
2021
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| Online Access: | https://revistaderechoambiental.uchile.cl/index.php/RDA/article/view/60408 |
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