Mendoza Challenges La Pampa's Precautionary Measure Over Los Nihuiles and Calls for Supreme Court Resolution
The Mendoza government challenged the ruling from the Federal Court of Santa Rosa, in La Pampa, which issued an interim precautionary measure regarding the dispute over Los Nihuiles royalties. According to the province, this is an exceptional measure with very limited scope that neither binds nor obligates it.
The La Pampa province filed an autonomous precautionary motion before a local federal court rather than pursuing the available remedies following the National Executive's repeal of the 1973 decree. However, the ruling in question constitutes merely an interim precautionary measure, not even the substantive resolution of the precautionary motion filed by La Pampa.
Limited Scope of the Measure
The precautionary measure was issued inaudita parte, meaning without giving notice to the National State, the opposing party in the dispute. Mendoza clarified that La Pampa province is not a party to its claim and therefore this ruling is not enforceable against it.
The effects of the interim precautionary measure remain in effect only until the National State responds to the report that the ruling itself requests, with a deadline set at three days. According to Mendoza, the measure was granted as an extraordinary remedy without even verifying the legal standing of the attorney who presented it on behalf of the La Pampa Government.
The Supreme Court's Jurisdiction
Mendoza argued that the dispute should be resolved before the Supreme Court of Justice of the Nation, since original jurisdiction over conflicts between provinces or between a province and the Nation corresponds to that tribunal. The Cuyo province filed precisely in 2022 an action before the Court seeking the nullity of the 1973 decree and claiming what it alleges is owed for years of incorrect royalty settlements on Los Nihuiles.
Mendoza accused La Pampa of circumventing the Supreme Court's original jurisdiction and seeking to have a federal judge resolve through an extraordinary remedy a decades-long dispute regarding which it asserted La Pampa lacks new arguments.
Criticism of Political Strategy
The Mendoza government also questioned La Pampa's political stance, indicating that if it truly intended to defend the interests of La Pampa's people, it would have exercised cooperative federalism. It noted that Mendoza presented numerous proposals to develop a joint infrastructure plan that would guarantee resources for both La Pampa and Mendoza.
According to Mendoza, the La Pampa government's intention is to continue prolonging the discussion and maintain a political stance, bringing a matter of this nature into the political-partisan arena rather than resolving the substantive conflict.