Judge Paúl Serrano’s historic ruling argued the concession owned by ‘Ecuagoldming Rio Blanco’, was awarded in violation of the Ecuadorian constitution articles 57 and 398.  Those articles mandate that Ecuadorian citizens be informed through public hearings prior to the approval projects involving non-renewable resource extraction (article 57) or potential harm to  ecosystems (article 398). Similarly to the Chinese firm in the Rio Blanco case, BHP Billinton nor the Ecuadorian government complied with the prior consultation requirements established in the Ecuadorian constitution.

While the court’s ruling is likely to be appealed in a provincial court, the potential implications is likely to have mining investors worried. Pablo Piedra, the lawyer who represented the environmental groups, told ElUniverso that while the ruling stands other communities in Ecuador can use it as precedent to exit from other projects. It is message that has resonated accross Ecuador, where widespread opposition to open-pit mining was evidenced by a national referendum in February. The Referendum asked citizens if they opposed metallic mining protected areas, nearly 70% said yes, and in Intag the results were above the national average. Many of those citizens living within concessions are now preparing to mount their own legal challenges.

News Articles on the Rio Blanco Case:

“Ecuadorean Judge Halts Excavation of Gold Mine” Telesur (03/06/2018)

“Juez falla a favor de comunidades y suspende explotación minera en Río Blanco” El Universo  (02/06/2018)

“Juez suspende la explotación minera en Río Blanco” Metro (02/06/2018)