Court in Argentina Finds Rancher Guilty in 2021 Penguin Killing Case
Penguins at the Punta Tombo nature reserve in Chubut, Argentina (Flickr).
A court in the Patagonian province of Chubut, Argentina, found rancher Ricardo La Regina guilty on November 7, 2024 of aggravated environmental damages and animal cruelty for bulldozing a penguin nesting area in 2021. Prosecutor Florencia Gómez has requested that La Regina be sentenced to four years in prison and pay a $518,000 indemnity, although the final sentence has yet to be issued. The case sets a significant precedent for legal restitution for habitat destruction.
The incident occurred in 2021 between the Punta Tombo and Punta Clara nature reserves in southern Argentina. Using construction machinery, La Regina allegedly crushed over 175 Magellanic penguin nests containing eggs and live specimens, alongside endemic vegetation species. He was also charged with illegally building an electric fence, further damaging the habitat. In an interview with Radio Con Vos 89.9, his lawyer Federico Ruffa argued in his defense that “there is not a single dead penguin.”
The Punta Tombo nature reserve hosts the largest colony of Magellanic penguins in the world, comprising nearly 500,000 individuals. In addition to protecting ecological resources, Punta Tombo serves as an ecotourism destination; Chubut’s government estimates that the reserve receives an average of 87,600 visitors each year.
Despite the International Union for the Conservation of Nature and Natural Resources (IUCN) rating Magellanic penguins under “least concern” status in 2020, the population is decreasing rapidly. The Punta Tombo in particular has declined by 40 percent since 1987. Disturbances to Magellanic penguins’ nesting sites results in serious ecological harm because mating pairs generally return to the same nest every year.
The case, initiated by Chubut’s local government, later received additional backing from Greenpeace Argentina, the Natural Patagonia Foundation, and the Argentine Association of Environmental Lawyers. Punta Tombo reserve shut down to preserve potential evidence as officials from the Ministry of Environment conducted an investigation.
La Regina’s lawyers initially offered to settle the case by gifting more than 500 hectares of land to the Argentine government. However, Gómez rejected the settlement, citing the extensive damage to 2,049 square meters of critical habitat.
Environmental advocates and legal experts say it is an unprecedented moment for environmental justice in Argentina. In an interview with Ámbito Financiero, Greenpeace Andino campaigner Matías Arrigazzi emphasized that the case was an opportunity to set an important precedent to prevent future infractions against the environment.
The ruling comes in the wake of Argentine President Javier Milei’s omnibus legislation passed in June 2024, which critics argue would weaken the environmental protections upheld in this case. While the case’s final outcome remains uncertain, it serves as an example of the increasing use of legal challenges as tools to seek environmental justice.