Environmental rating

In many projects (for example, facilities that require administrative permits), the procedure is not resolved at once, but in phases. First, reports or "partial approvals" are issued, and finally the final administrative authorization is granted. In the case analyzed, one of these intermediate pieces was a favorable environmental rating , which serves as a step within the procedure, but is not the final permit to execute the project.

Here, a party decided to appeal this environmental rating through an administrative appeal (reconsideration) and also requested that its effects be suspended while the appeal was being resolved. The underlying idea was: "if I have appealed and requested suspension, the project should be halted", and it was even considered that, if the Administration did not respond within the deadline, it could be understood that the suspension was granted by positive silence.

The matter went to court and the High Court of Justice sided with that thesis by considering that the environmental classification was suspended and, consequently, revoked the subsequent administrative authorization. But the Supreme Court (SC)

corrects that approach correct that approach that is, an intermediate step that does not decide the substance of the matter on its own or conclude the procedure. Therefore, it cannot be used as a "lever" to automatically suspend the entire process just by appealing it separately, nor to invalidate outright the final authorization issued afterwards. The relevant challenge must be directed against the final authorizing act, which is the one that truly decides. “lever” to suspend does not by itself block the subsequent processing

, the procedure can continue and the Administration may end up issuing the definitive authorization. If you want to overturn the project or truly halt it, the focus of the lawsuit must be on the final authorization. If you feel harmed and dissatisfied with urban planning actions, our professionals can advise you on defending your rights. , the procedure can continue and the Administration may end up issuing the final authorization. If you want to stop the project or truly halt it, the focus of the lawsuit must be on the final authorization.