Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Mining · Peru · 1997–2024

La Oroya smelter ruling (Peru)

Nature's voice · report
I carried lead pollution from the La Oroya metallurgical complex.
Did nature suffer? Yes. Harm is on record. Disputed
Recorded
  • In March 2024 the Inter-American Court of Human Rights held the Peruvian state responsible for that pollution and for the lack of oversight. Mongabay Latam
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 1 none on record · 1 disputed See the gaps
Accounts of the harm differ
Who is responsible for the pollution from the La Oroya complex?
  • Courts Inter-American Court of Human Rights: Held the Peruvian state responsible for the pollution and for the lack of oversight, and not Renco (March 2024). Mongabay Latam
  • Company or project Renco: Brought an arbitration claim of at least US$800 million against Peru under the US–Peru trade agreement; the claim was dismissed for lack of jurisdiction. Ministry of Economy and Finance of Peru (MEF)
  • Government and regulators Peru, Ministry of Economy and Finance (MEF): Published the tribunal's ruling in its favour in the La Oroya arbitration. Ministry of Economy and Finance of Peru (MEF)

In March 2024 the Inter-American Court of Human Rights held the Peruvian state responsible for pollution from the La Oroya metallurgical complex and for a lack of oversight. A separate arbitration claim of at least US$800 million by Renco against Peru was dismissed for lack of jurisdiction.

At least US$800 millionArbitration claim by Renco against Peru, dismissed for lack of jurisdiction
Claimed amount as reported by Peru's Ministry of Economy and Finance (MEF).

Status As of March 2024: the Inter-American Court of Human Rights held the Peruvian state responsible for the La Oroya pollution; no payment by Renco in Peru found in the sources reviewed.

What?
The Inter-American Court of Human Rights held the Peruvian state responsible for lead pollution from the La Oroya metallurgical complex and for the lack of oversight; Renco's separate arbitration claim of at least US$800 million against Peru was dismissed for lack of jurisdiction. Mongabay Latam
Where?
La Oroya, Peru. Mongabay Latam
When?
Case summary period 1997–2024; arbitration outcome dated July 2016; Inter-American Court ruling March 2024. Mongabay Latam
Who?
Gained
None on record
Lost
  • Peruvian state — Held responsible by the Inter-American Court for the pollution and the lack of oversight. Mongabay Latam
Harmed
None on record
Why?
Not stated in the sources reviewed.
How?
Through a ruling of the Inter-American Court of Human Rights and, separately, an arbitration under the US–Peru trade agreement in which Renco's claim was dismissed for lack of jurisdiction. Ministry of Economy and Finance of Peru (MEF)
6 of 6 questions answered from the record

What happened

The record, in order.

The case concerns lead pollution from the La Oroya metallurgical complex in Peru. the sources reviewed's case summary covers the period 1997 to 2024, names Doe Run Peru, a Renco company, as the operator, and lists an extended PAMA, with the same company continuing under the deadlines granted.

In March 2024 the Inter-American Court of Human Rights held the Peruvian state responsible for the pollution from the complex and for the lack of oversight, according to Mongabay Latam. The ruling assigned responsibility to the Peruvian state rather than to Renco. A summary of the ruling based on AIDA states that the court found the state had known of the problem for decades.

In a separate proceeding under the US–Peru trade agreement, Renco brought an arbitration claim of at least US$800 million against Peru. An international tribunal dismissed it for lack of jurisdiction; the MEF published the outcome under the headline “International tribunal rules in favor of Peru in La Oroya arbitration” (source dated July 2016). the sources reviewed give no payment by Renco in Peru.

  1. 2016Tribunal dismisses Renco's arbitration claim of at least US$800 million against Peru for lack of jurisdiction (MEF, July 2016)
  2. 2024March: Inter-American Court of Human Rights holds the Peruvian state responsible for pollution from the La Oroya complex and for the lack of oversight

What was said

Claims, in the words of those who made them.

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Who is responsible for the pollution from the La Oroya complex?
Courts
Inter-American Court of Human Rights

Held the Peruvian state responsible for the pollution and for the lack of oversight, and not Renco (March 2024).

Mongabay Latam
Company or project
Renco

Brought an arbitration claim of at least US$800 million against Peru under the US–Peru trade agreement; the claim was dismissed for lack of jurisdiction.

Ministry of Economy and Finance of Peru (MEF)
Government and regulators
Peru, Ministry of Economy and Finance (MEF)

Published the tribunal's ruling in its favour in the La Oroya arbitration.

Ministry of Economy and Finance of Peru (MEF)

How it looked

What was shown, beside what was recorded.

Shown

    Recorded

    • The Inter-American Court of Human Rights held the Peruvian state responsible for pollution from the La Oroya metallurgical complex and for the lack of oversight (March 2024).
    • The court found that the state had known of the problem for decades (AIDA).
    • Renco's arbitration claim of at least US$800 million against Peru under the US–Peru trade agreement was dismissed for lack of jurisdiction.

    Who gained

    Money that reached nature, beside money that stayed elsewhere.

    Reached nature or the ground

    Not published
    No figure published.

    Gained elsewhere

    Not totalled
    Currency: · Window: . All figures cover the same period. * Estimate built from cited figures.

    Responses on record

    • Peru, Ministry of Economy and Finance (MEF) (2016-07): Published the arbitration outcome under the headline “International tribunal rules in favor of Peru in La Oroya arbitration.” · Ministry of Economy and Finance of Peru (MEF)

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2024-03Claimant won
      La Oroya case: Inter-American Court of Human Rights (2024)
      Inter-American Court of Human Rights · International court · → Peruvian state

      The court held the Peruvian state responsible for pollution from the La Oroya metallurgical complex and for the lack of oversight. A summary based on AIDA states the court found the state had known of the problem for decades. Claimants are not named in the sources reviewed. Mongabay Latam

    2. 2016-07Dismissed$800m At least US$800 million claimed (US$ million)
      Renco v. Peru: arbitration under the US–Peru trade agreement
      International arbitral tribunal (US–Peru trade agreement) · Arbitration · Renco → Peru

      The tribunal dismissed Renco's claim of at least US$800 million for lack of jurisdiction. Ministry of Economy and Finance of Peru (MEF)

    Insurers

    No insurer decision on record.

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Disputed Who is responsible for the pollution from the La Oroya complex?

    Record

    Did the harm stop?

    Who paid?

    The Inter-American Court assigned responsibility to the Peruvian state; the sources reviewed give no payment by Renco in Peru.

    Sources

    Voices on record: — Company or project✓ Government and regulators— Courts✓ Press and investigations✓ Communities and civil society— Researchers

    Government and regulators

    1. International tribunal rules in favor of Peru in La Oroya arbitration
      Ministry of Economy and Finance of Peru (MEF) · 2016-07

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.

    Law and courts

    Arbitration
    A private dispute process in which an appointed arbitrator, instead of a court, decides the case.