Until 2014, the judicial review of the environmental rules was highly deferential, remarking the discretionary nature of the rulemaking authority of the President. However, this deferential trend was halted by a decision delivered by the Second Environmental Court in December 2014, invalidating the new Primary Standard of Environmental Quality for Particulate Matter MP10, which later was upheld by the Chilean Supreme Court. As we will explore below, these decisions closely resemble the hard look review currently employed by the American courts to scrutiny notice-and-comment rulemaking in the United States.
Corvalán Pérez, J. L. (2016). Judicial review of notice-and-comment rulemaking: the case of the environmental rules. Revista De Derecho Público, (83), pág. 11–36. https://doi.org/10.5354/rdpu.v0i83.39347
