Original article: Interponen denuncia en Fiscalía por eventuales delitos ambientales en Humedal Estuario de Los Molles
The Protect Los Molles Foundation has filed a complaint with the Local Prosecutor’s Office regarding potential environmental crimes at the Los Molles Estuary Wetland, which is officially designated and recognized as an urban wetland under Law 21.202.
The environmental organization stated that the legal action «is based on the potential application of Law No. 21.595 concerning Economic Crimes and Attacks on the Environment, which enables the prosecution of behaviors that cause pollution or serious harm to environmental components, particularly when it involves areas under special protection regimes.»
According to the Foundation, the evidence presented to the Public Ministry indicates that interventions in the immediate vicinity of the wetland may have been carried out without prior environmental evaluation and without an Environmental Qualification Resolution, «which would have prevented a thorough analysis of cumulative impacts, water resource effects, and risks to biodiversity.»
«We decided to file this complaint because current legislation allows significant damage to a protected ecosystem to extend beyond administrative measures. When it comes to a legally recognized urban wetland, the standards should be strengthened,» emphasized the Foundation.
Moreover, Protect Los Molles reminded that Law No. 21.595 «holds both individuals and corporations criminally liable when actions are taken in their interest or benefit,» making it essential for the investigation to determine whether the reported incidents meet the gravity threshold to constitute an environmental crime.
«Our action seeks no confrontation but to ensure that the law is upheld and the community’s right to live in a pollution-free environment is protected,» the organization pointed out.
Impact on Pilpilén Nesting Areas
Regarding the specifics of the complaint, the Foundation stated that the immediate environment of the Los Molles Estuary Wetland has seen the emergence of developments associated with the installation and operation of ‘food trucks’; informal parking setups; and intensive recreational use of the wetland’s edges.
«These activities, occurring on fragile and saturable soils, result in soil compaction, loss of vegetation cover, and an acceleration of erosive processes in sensitive areas of the ecosystem,» the complaint outlines.
One of the most concerning impacts relates to the nesting areas of the common Pilpilén (Haematopus palliatus), a bird species that uses open coastal and estuarine areas for reproduction.
The increased vehicle traffic, massive presence of people, constant noise, and commercial occupation of the space diminish the reproductive success of the common Pilpilén, increasing the likelihood of nest abandonment and exposing eggs and chicks to predation by pets such as dogs and to crushing by vehicles and people.
«The repeated alteration of the habitat signifies not only a point disturbance but a cumulative deterioration of the biological cycle of the species,» warned the Protect Los Molles Foundation.
Commercial Activities
This complex scenario is further complicated by episodes of discharges related to commercial activities, which, according to previous complaints, are not isolated incidents but rather recurring over time.
«The visible alteration of water quality, including color changes and increased turbidity, indicates potential contributions of sediments, organic waste, or pollutants, affecting the ecological dynamics of the wetland,» alerts the Los Molles organization.
Thus, they added, «the combination of commercial occupation, vehicular pressure, and potential discharges creates a scenario of cumulative and synergistic impacts that accelerate the erosion of the estuarine edge, degrade the habitat of sensitive species, and compromise the ecological integrity of an officially recognized urban wetland.»
For the plaintiffs, the recurring nature of these interventions reinforces the need for comprehensive evaluation and effective control measures, as the progressive deterioration of a wetland ecosystem not only impacts local biodiversity but also affects the environmental resilience of the area and the community’s right to a healthy environment.
Finally, the organization reiterated that the protection of the wetland addresses not only local interests but also the defense of a collective legal good linked to the constitutional right to live in a pollution-free environment.
«The Los Molles Estuary Wetland is not just any site: it is an officially designated urban wetland whose ecological integrity must be safeguarded with the highest legal standards. When there are indications of possible significant damage or evasion of environmental evaluation, it is the responsibility of the Public Ministry to investigate with the rigor required by the current regulations,» concluded the Foundation.
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