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Environmental disputes in Chile: Environmental Courts, challenges to environmental approvals, SMA fines and environmental damage claims

Last verified: 2026-10-26 · Status: Changing

Three specialised Environmental Courts, in Antofagasta, Santiago and Valdivia, hear challenges to environmental approvals, to SMA sanctions and to environmental regulations, as well as claims to repair environmental damage. Their final judgments can only be reviewed by the Corte Suprema through cassation (Ley Nº 20.600 art. 5, 17 and 26). A project owner unhappy with its environmental approval (RCA) has 30 days to file an administrative claim, with the Executive Director for a DIA or the Committee of Ministers for an EIA, and then 30 days to go to the Environmental Court. Citizens whose observations were not properly addressed have the same route (Ley Nº 19.300 art. 20 and 29). SMA fines reach 10,000 UTA (about CLP 8,658 million or US$8.8 million in October 2026) for the most serious infringements. They can be challenged within 15 business days, and paying within 5 business days without challenging cuts the fine by 25 percent (Ley Nº 20.417 art. 2, LOSMA art. 39 and 56). A reform bill to change the RCA claim system is pending in Congress.

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial for 23 October 2026 (CVE 2891564). UTM and UTA amounts use the October 2026 values published by the SII (UTM CLP 72,151; UTA CLP 865,812). Conversions are for orientation only.

Key facts

Number of Environmental Courts	3 Ley Nº 20.600 art. 5, as of 2026-10-26 · in force
Deadline for a project owner to file an administrative claim against an environmental approval (RCA)	30 daysLey Nº 19.300 art. 20, as of 2026-10-26 · in force
Deadline to take the Committee of Ministers or Executive Director decision to the Environmental Court	30 daysLey Nº 19.300 art. 20, as of 2026-10-26 · in force
Public observation period for an environmental impact study (EIA)	60 daysLey Nº 19.300 art. 29, as of 2026-10-26 · in force
Deadline to challenge an SMA resolution before the Environmental Court	15 business daysLOSMA (Ley Nº 20.417 art. 2) art. 56, as of 2026-10-26 · in force
Maximum SMA fine for very serious infringements	10000 UTALOSMA (Ley Nº 20.417 art. 2) art. 39, as of 2026-10-26 · in force
Reduction for paying an SMA fine within 5 business days without challenge	25 %LOSMA (Ley Nº 20.417 art. 2) art. 56, as of 2026-10-26 · in force
Limitation period for SMA infringements	3 yearsLOSMA (Ley Nº 20.417 art. 2) art. 37, as of 2026-10-26 · in force
Limitation of environmental damage actions from when the damage becomes evident	5 yearsLey Nº 19.300 art. 63, as of 2026-10-26 · in force
Environmental institutions reform bill changing RCA claims	Boletín Nº 16.552-12, second reading in the Chamber of Deputies Boletín Nº 16.552-12, as of 2026-10-26 · pending

The rule

1. The Environmental Courts are special courts under the Corte Suprema's oversight (art. 1). The First Court sits in Antofagasta and covers the regions from Arica y Parinacota to Coquimbo. The Second sits in Santiago and covers Valparaíso, Metropolitana, O'Higgins and Maule. The Third sits in Valdivia and covers Ñuble to Magallanes (art. 5). They hear, among other matters, challenges to environmental quality and emission standards and decontamination plans, claims to repair environmental damage, challenges to SMA resolutions, challenges to decisions of the Committee of Ministers or the SEA Executive Director on environmental approvals, and requests to authorise the SMA's most serious provisional measures and sanctions (art. 17). The court can order conservative or innovative interim measures before or during the case. A pre suit measure lapses unless the claim is filed within 15 business days (art. 24). Only rulings declaring a claim inadmissible, opening the evidence period or ending the case can be appealed, within 10 days. Final judgments can only be challenged by cassation before the Corte Suprema (art. 26).
Cost to do it: No court fee was identified in this review. A private applicant for interim measures may be required to give security (art. 24).
Example: A mining company in Antofagasta challenging an SMA sanction files with the First Environmental Court, because that court has jurisdiction where the infringement originated (art. 17 Nº 3). / For a US$5,000,000 project in the Biobío region, project approval disputes go to the Third Environmental Court in Valdivia, where the project was assessed (art. 17 Nº 5).Ley Nº 20.600 creating the Environmental Courts (Ministerio del Medio Ambiente), Diario Oficial 28 June 2012, Art. 1, art. 5, art. 17, art. 18, art. 24 and art. 26, 2012-06-28 official text · verified 2026-10-26

2. A project owner can file an administrative claim against a resolution that rejects its environmental impact declaration (DIA) or imposes conditions on it, before the SEA Executive Director. For an environmental impact study (EIA), the claim goes to a Committee of Ministers chaired by the Minister of the Environment, with the Ministers of Health, Economy, Agriculture, Energy and Mining. The claim must be filed within 30 days of notification. The authority must decide within a fatal term of 30 days for a DIA or 60 days for an EIA, and the decision can be challenged before the Environmental Court within 30 days (art. 20). Any person can submit observations on an EIA within 60 days of publication of the summary, and the SEA must respond to all of them in its resolution. A person whose observations were not properly considered can use the art. 20 claim, which does not suspend the approval (art. 29).
Cost to do it: No filing fee for the administrative claim. The Committee of Ministers can commission independent technical reports (art. 20).
Example: A CLP 4,932,900,000 solar plant receives an RCA with conditions it considers unlawful. The owner files a claim with the Executive Director (DIA) or the Committee of Ministers (EIA) within 30 days, and then has 30 days to go to the Environmental Court. / The same plant is a US$5,000,000 investment. Community claims under art. 29 do not suspend the approval, so construction can proceed while they are decided, at the owner's risk.Ley Nº 19.300 on the general bases of the environment, Diario Oficial 9 March 1994, as amended, Art. 20 and art. 29, 1994-03-09 official text · verified 2026-10-26

3. The SMA classifies infringements as very serious, serious or minor (art. 36). Very serious infringements can lead to revocation of the environmental approval, closure, or a fine of up to 10,000 UTA. Serious infringements can lead to the same, with fines of up to 5,000 UTA. Minor infringements lead to a written warning or a fine of 1 to 1,000 UTA (art. 38 and 39). Infringements are time barred three years after they are committed, and the period is interrupted when charges are notified (art. 37). Anyone affected can challenge an SMA resolution before the Environmental Court within 15 business days of notification. Fines are not payable until that term expires or the challenge is decided. An infringer that does not challenge a fine and pays it within 5 business days of notification gets a 25 percent reduction (art. 56).
Cost to do it: Maximum fines at the October 2026 UTA of CLP 865,812: very serious 10,000 UTA (CLP 8,658,120,000, about US$8,775,892); serious 5,000 UTA (CLP 4,329,060,000, about US$4,387,946); minor 1,000 UTA (CLP 865,812,000, about US$877,589).
Example: The SMA fines a plant 100 UTA, CLP 86,581,200 at the October 2026 UTA. If the company pays within 5 business days without challenging it, it pays 75 UTA, CLP 64,935,900. / The same fine is about US$87,759, or about US$65,819 with the early payment discount. The company has to choose between the discount and a court challenge within the first 5 business days.Ley Orgánica de la Superintendencia del Medio Ambiente, contained in art. 2 of Ley Nº 20.417 (Ministerio Secretaría General de la Presidencia), Diario Oficial 26 January 2010, LOSMA art. 36, art. 37, art. 38, art. 39 and art. 56, 2010-01-26 official text · verified 2026-10-26

4. Anyone who causes environmental damage through fault or wilful misconduct is liable under Ley Nº 19.300 (art. 51). Environmental damage gives rise to an action to repair the damaged environment, alongside ordinary damages claims by those directly affected. No repair action lies if the party responsible has satisfactorily carried out a repair plan approved by the SMA (art. 53). The environmental action and the civil actions arising from environmental damage expire five years after the damage becomes evident (art. 63). The repair action can be brought by those who suffered the damage, by municipalities for events in their area, and by the State through the Consejo de Defensa del Estado. Once one of them files, the others can only join as third parties (Ley Nº 20.600 art. 18 Nº 2).
Cost to do it: Repair costs are set by the court or by the SMA approved repair plan; the statute sets no figure.
Example: A tailings leak becomes evident on 1 August 2026. The municipality, affected neighbours or the Consejo de Defensa del Estado can sue for repair until 1 August 2031. A repair plan approved by the SMA and properly carried out bars the repair action (art. 53). / For a project with US$5,000,000 in assets, negotiating an SMA approved repair plan early can close off a court repair action.Ley Nº 19.300 on the general bases of the environment; Ley Nº 20.600, Ley Nº 19.300 art. 51, art. 53 and art. 63; Ley Nº 20.600 art. 17 Nº 2 and art. 18 Nº 2, 1994-03-09 official text · verified 2026-10-26

5. A bill to strengthen environmental institutions and make them more efficient (boletín Nº 16.552-12) was introduced on 10 January 2024. It is in its second constitutional reading in the Chamber of Deputies, at the first committee report stage before the Environment Committee. The Executive submitted amendments on 12 August 2026. Until it is enacted and published, the claim rules in Ley Nº 19.300 art. 20 and 29 and Ley Nº 20.600 continue to apply.
Cost to do it: None until enacted.
Example: A project expecting its RCA in 2027 should plan for the current 30 day claim terms, and track the bill in case the terms change before then. / For a US$5,000,000 project, the reform could change who hears RCA claims and the deadlines that apply; the final text is not yet known.Bill boletín Nº 16.552-12 (Senate legislative tracking), Not yet law, 2024-01-10 official text · verified 2026-10-26

Gravity	Possible sanctions	Maximum fine (UTA)	Maximum fine (CLP)	Maximum fine (USD, approx.)
Very serious	Revocation of RCA, closure or fine	10,000	8,658,120,000	8,775,892
Serious	Revocation of RCA, closure or fine	5,000	4,329,060,000	4,387,946
Minor	Written warning or fine from 1 UTA	1,000	865,812,000	877,589

SMA sanctions by gravity (LOSMA art. 36 and 39), with October 2026 values (UTA CLP 865,812; CLP 986.58 per US dollar).

Worked example

A US developer obtains an RCA for a CLP 4,932,900,000 (about US$5,000,000) wind farm in the Maule region, after an EIA with conditions it considers excessive.
It files a claim with the Committee of Ministers within 30 days. The Committee has 60 days to decide (Ley Nº 19.300 art. 20).
The Committee confirms the conditions. The developer files with the Second Environmental Court in Santiago within 30 days (art. 20; Ley Nº 20.600 art. 17 Nº 5).
The Court's final judgment can only be taken to the Corte Suprema by cassation (Ley Nº 20.600 art. 26).

Step by step

1. On notification of an RCA, diarise 30 days for the administrative claim (Ley Nº 19.300 art. 20).
2. During an EIA, track the 60 day observation period and make sure the SEA's response to every observation is on record, to limit art. 29 claims.
3. On notification of an SMA fine, decide within 5 business days whether to pay with the 25 percent discount or challenge it within 15 business days (LOSMA art. 56).
4. Keep compliance evidence for at least three years, the SMA limitation period (LOSMA art. 37).
5. If damage occurs, consider an SMA approved repair plan to bar a court repair action (Ley Nº 19.300 art. 53).
6. Track boletín Nº 16.552-12 for changes to the RCA claim system.

Common traps

The 30 day RCA claim is open only to the project owner, plus citizens whose observations were ignored; other parties may need to seek invalidation, which has its own route (Ley Nº 19.300 art. 20 and 29; Ley Nº 20.600 art. 17 Nº 8).
Community claims do not suspend the RCA, but a later court ruling can annul it, so building during the challenge carries risk (Ley Nº 19.300 art. 29).
The 25 percent discount is lost if the fine is challenged or paid late (LOSMA art. 56).
Environmental damage limitation runs from when the damage becomes evident, not from the act, so exposure can surface long after operations end (Ley Nº 19.300 art. 63).
Final Environmental Court judgments can only be reviewed by cassation, with limited grounds; there is no ordinary appeal (Ley Nº 20.600 art. 26).

Sources

← Investment treaties and investor State arbitration in Chile: bilateral investment treaties, FTA investment chapters and how to bring a claimConsumer claims and class actions in Chile: SERNAC, individual complaints, collective actions, fines and the voluntary collective procedure →