The concept of the Attorney General's Office regarding the technical regulation of fracking has no scientific basis, ACP

The ACP respects the pronouncement of the Attorney General's Office regarding the technique of fracking and its use in Colombia. However, the guild draws attention to the importance of supporting the development of new projects that would bring investment, jobs, and reactivate the economy in the current context; and to identify how it is possible to advance in them responsibly and sustainably.

• The ACP respects the statements of the control entities; however, it draws attention to the importance of supporting the development of new projects that would bring investment, jobs, and reactivate the economy for the country.
• Unlike what was stated by the Attorney General's Office, there is no scientific evidence of irreversible environmental damage from implementing this technique.
• The call is to proceed with the Comprehensive Pilot Research Projects (PPII) to obtain the necessary information for decision-making.

Regarding the specific concept provided by the Attorney General's Office before the Council of State, within the framework of the Simple Nullity Action being pursued in Section Three regarding Decree 3004 of 2013 and Resolution No. 90341 of 2014, it is important to note that this statement refers only to the request for nullity of the regulations that make up the technical regulation and not to the fracking technique. 

Likewise, it is pertinent to clarify that while the only thing under study by the Council of State is the legality of the challenged administrative acts, this concept is conducting an analysis of their scope. That is, the reasons presented by the control entity should not be the arguments that must be presented in the ongoing process before the Council of State.

The ACP also considers that the arguments presented incorrectly cite the precautionary principle and the principle of sustainable development, by confusing impacts with risks and disregarding that what is relevant in this type of project is the scope of the prevention principle, which allows for the management of impacts through what is stipulated in environmental licenses. 

“The oil and gas industry has been an ally of national development and has acted within the framework of what is stipulated by environmental licenses in its projects, so that existing impacts can be prevented, mitigated, or compensated. This principle has governed the sector and other economic sectors that today, more than ever, are key for generating income and the economic and social reactivation of the country,” expressed Francisco José Lloreda Mera, president of the ACP.

Regarding the evidence considered by the Attorney General's Office for the issued concept, it is worth highlighting that it disregards the contradiction of the two reports submitted by the National University, one of which states that there is no scientific evidence of irreversible environmental damage from using this technique. It also does not mention that the Expert Commission was clear in stating that the challenged regulation, which only covers the technical aspects of the use of fracking in the country, is complete and relevant, and is complemented by other environmental and social regulations.

Finally, the concept of the Attorney General's Office does not mention the relevance of the Comprehensive Pilot Research Projects (PPII), which the Council of State itself has indicated are of great importance for obtaining information and greater clarity regarding the use of the fracking technique in Colombia. 

“The important thing at this moment is to proceed with the Pilot Research Projects, to obtain technical, environmental, and social information, that allows for advancing in decision-making based on scientific and truthful information about the implementation of this technique in Colombia and the viability of developing unconventional deposits for Colombia, resources that could be of great importance in the economic reactivation for the country and the regions,” emphasized the Executive President of the ACP.