A case concerning lead pollutions of the soil and of the water in the neighbourhood of Montevideo called “la Teja”.

The public prosecutor sued the State and the ministry of the Environment for not taking the necessary actions to protect the environment and the local populations and mitigate the pollution. As a result, several residents of la Teja are suffering from lead poisoning.

The public prosecutor required the State and the Environmental Ministry to take, within a six months delay, measures to relocate the victims and to neutralize the sources of the lead pollution.

But the court considered that the Administration could not be held responsible because the pollution was resulting from a third person. It also concluded that the Administration had reacted adequately as it created an inter-institutional commission to investigate, required technical assistance from Brasil and the USA, proceeded to various inspections and published several protocols on soil and study on conservation. Therefore, The court considered that the Environmental Administration did everything within its power and therefore could not be held accountable for negligence. Thus, the court dismissed the appeal of the public prosecutor.