Climate change and environmental assessment: Jurisprudential criteria and new standards in the SEIA

Abstract

This article analyzes the regulatory and jurisprudential evolution regarding the incorporation of the “climate change” variable into Chile’s Environmental Impact Assessment System (SEIA). It examines the regulatory reforms and technical guidelines issued by the Environmental Assessment Service following the enactment of the Framework Law on Climate Change. It also systematizes the main judicial decisions on the matter, identifying four key jurisprudential criteria: the date of project entry into the SEIA, the available scientific knowledge, the guidelines issued by state agencies with environmental authority, and the feasibility of the project. The article concludes that, although the integration of climate change represents a significant advance in terms of environmental protection, the inconsistent application of these standards—combined with a growing trend to impose technical requirements with retroactive effect—generates legal uncertainty in the evaluation and development of projects.