Fracking times, Act II

If you haven’t read my previous entrance in this blog, I recommend you to give it a look, because Fracking times Act I gives you the perfect introduction to fracking and the implications of this practice.

“Terrorism” that’s how was categorized the anti-fracking campaigning, when Mendoza’s Ministry Kerchner was remarking the great quality of the provincial environmental controls.[1] In a meeting with the IDB the local authority made his point of view very clear, by the time he linked the green movement with a policy of terrorizing and misinforming.[2]  Julio Totero, member of ASINMET, criticized those who were against the facking and the mining industry, calling out their alleged intentions of “coming after the fracking and then you”.[3] The controversial affirmations have been filling up the media since 2015/2016 when the word ‘fracking’ became noticed, however it wasn’t until 2017 when the pilot in the area of Cerro Pencal-Puesto Rojas brought the attention of the whole Nation.[4] The improvised exploitation of the oil reserve ‘Vaca Muerta’ had its consequences when the “environmental incident of low intensity” happened. As if the public eye wasn’t on the spot, in 2018 the approval to new fracking projects, through the Resolution N° 187 signed by Miriam Skalany,[5] directress of environmental protection, made fracking a bad name. Despite of even the designation of the National University of Cuyo to realize a field survey and study the environmental implications,[6] water assemblies, environmental organizations and indigenous communities remained skeptical to the proclaimed green intentions of the local authorities and asked for a “Fracking-free” zone.

The public manifestations against the new enterprise coming to town to exploit the natural resources had invaded the mass media, by the time circa a dozen of new projects were approved for the provincial executive powers, benefiting the south area of the province, including Malargüe, San Rafael and Tupungato.[7] To counter-attack the backlash produced by the new investors, Emilio Guiñazú clarified that “this wasn’t Chernobyl” and called out their unpreparedness for a campaign of disinformation lead by the political opposition.[8] Nevertheless, it wasn’t the worst to be seen, considering that in the public manifestations against the measures taken in May 2018 members from “Unidos por Tunuyuan”, a community-based environmentalist organization, ended up with charges for disturbing the public order and traffic obstruction.[9] However, the sarcastic and repressive answers from the government to the public concern just made the opposition stronger.

It was visible when the ‘pilgrimage’ against the fracking happened,[10] not because of a shady misinformation movement made by the opposition, but because the genuine consternation of the people in relation to the pollution of the watersheds that satisfy the bare necessities of over a million population. In words of  the representative of Red Ambiental Oikos which take the case to the Supreme Court, their concern was the drought decade that the province has been going through and the excessive and intensive use of contaminated water.[11] Not to mention the the criminal accusations made against the Governor for “abuse of power and non compliance with its obligations as public functionary” due to the irregularities and controversy surrounding the fracking.[12] Given the situation the Supreme Court gave the interested parts to present their compliance to the environmental regulations until the 31^st October before they can emit a proper decision.[13]

Notwithstanding the scandal, the provincial representatives and the executive powers agreed on the reform of the Law N°7.722, which regulated the use of chemicals and the extraction of natural resources, to make more flexible the regulations imposed to the oil and mining sector.[14] The no so-little modifications were the object of massive protests because, in words of the civil society, “the people have understood the risk of having megamining activities”.[15]  During the Christmas Eve of 2019, the provincial senate passed the reform -Law N° 9.209 in replacement of Law N° 7.722- allowing the use of cyanide and sulfuric acid in extractive activities,[16] supported by the executive powers which ask the people to “stop demonizing the mining activity as water predator”.[17] Not only did the people of Mendoza took the streets in repudiation of the local authorities, but also did the national authorities reacted, stating that despite of the competencies conferred to the provinces in the National Constitution, water is a national matter.[18] After the escalation of conflict between the provincial authorities and representatives and the civil society, the Governor had to step back and called for popular consensus,[19]  which meant the derogation of Law N° 9.209.[20] Despite the war isn’t over and the people’s sovereignty over natural resources is not secured yet, a battle has been won and Mendoza live to fight another day.