Original article: “No se escuchó a la comunidad”: Penco lleva a tribunales proyecto de tierras raras por amenazas al agua, la salud y la biodiversidad

Community Voices Emerge as Penco Takes Rare Earth Mining Project to Court Over Water and Health Threats

After claiming that «the community was not heard«, local organizations and residents from Penco-Lirquén have brought a lawsuit against the rare earth mining project proposed by Canadian company Aclara Resources, which poses risks to water, health, biodiversity, the local economy, and community life in the area.

Supported by the NGO Defensa Ambiental, the members of these groups have formally submitted two appeals to the Environmental Evaluation Service (SEA) of Biobío against the Environmental Qualification Resolution (RCA) of the extractive project, arguing that the evaluation process was negligent , riddled with illegalities, and failed to consider the risks posed by a mine located just 2 km from Penco’s main square.

The legal challenge focuses on two specific avenues: a Resource of Claim and an Application for Invalidity, both aimed at nullifying the RCA of the «Optimized Rare Earth Project.» The complainants argue that the environmental file suffers from «irremediable deficiencies», particularly concerning the failure to conduct in-depth studies on the radioactivity of the materials to be extracted, the risks of mass removal in a region with steep slopes, and the potential contaminating effects on the groundwater that supplies the local population.

Lawyer Francisco Astorga from Defensa Ambiental emphasized that the resolution is an «illegal administrative act», as it neglected critical environmental components, particularly the risks of radioactivity, mass removal, water contamination, and impacts on community lifeways, and did not adequately assess the indigenous component, as reported by Resumen.Cl.

One of the most controversial aspects of the project, submitted in June 2024 to the Environmental Impact Assessment System (SEIA), lies in its direct consequences for the geography and local ecosystem. The mass removal plan proposed by the mining operation would result in irreversible habitat fragmentation, threatening plant and protected species like Queule, Naranjillo, and Pitao. Additionally, this raises concerns regarding contamination risks and health impacts on the local population.

Penco Communities Denounce Negligent Assessment of the Rare Earth Project

The perception of institutional abandonment fuels residents’ efforts to turn to the courts. Camila Arriagada, spokesperson for the «Penco-Lirquén Free of Miners» campaign—a coalition of local and environmental organizations, the Chamber of Commerce, the gastronomic and tourism guild, neighborhood associations, and agricultural groups—described the evaluation process as «negligent», pointing out that genuine risks of atmospheric contamination and health issues associated with exposure to heavy metals were met with evasiveness from both the company and regulatory bodies. According to the community leader, citizen observations submitted during the process were addressed with insufficient arguments by both the SEA and Aclara Resources.

«The real risks and impacts associated with rare earth megamining, so close to populated areas, were minimally addressed and reviewed«, she stated to Resumen.Cl.

«This is why we are today at the Environmental Evaluation Service (SEA) filing two appeals, one concerning the community observations during the participatory process and evaluation of Aclara’s project, where we are very concerned that the SEA, the company, and all relevant bodies were quite negligent, not thoroughly addressing the risks to safety and health of the people, which is why we are submitting this appeal. The second relates to the invalidation of the Environmental Qualification Resolution, which we believe this government and current administration approved without considering, for example, one of the greatest concerns we have in the population regarding radioactive elements associated with these mining operations—where the Nuclear Energy Commission declared that this radiological risk is present, and only requested safety measures for workers without addressing the health of the population or respiratory illnesses associated with silica, which can arise from this mining operation located less than a kilometer from the community,» Arriagada indicated in a video shared on her social media.

She warned that where there is a mega mine so close to health centers, educational facilities, and sports clubs, their operations «will not allow for sustainable and harmonious development in our territory, but rather the opposite, will directly impact the tourist, gastronomic, and cultural potential of Penco-Lirquén.»

Discontent is not only directed at the mining operation but also at the power structures that have paved the way for its establishment. Carlos Gutiérrez, president of the Parque para Penco Corporation, expressed that it is «regrettable» to have to resort to these legal measures, as the coordinated support between economic and political powers has revealed the neglect of local interests. Gutiérrez stressed that the community was never fully heard, and that pressure from major interests overshadowed the technical and social warnings.

The legal roadmap does not end with the submission of these appeals, as communities already plan to approach the Environmental Court in case the Ministerial Committee (for the claim) and the Environmental Evaluation Commission of Biobío (for the invalidation) dismiss their requests. The strategy even includes reaching the Supreme Court if necessary, as part of a commitment to exhaust all legal avenues.

«These two appeals are part of the administrative phase, but we will continue to the last instance to take this to justice and also to keep calling for social mobilization where Penco-Lirquén will continue to defend its territory, water, and the quality of life of its inhabitants,» Arriagada affirmed in the recording.

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