The Atacama Desert in Chile, known for its arid landscape and extreme climate, has transformed into an unprecedented legal and environmental battleground. The fashion industry’s relentless production of fast fashion has resulted in millions of discarded garments piling up in this vast desert, sparking legal debates over who to hold accountable for its detrimental health and environmental effects. The mound of discarded fabric, which contains clothing produced by the world’s most well-known brands with store tags still attached, weighs an estimated 11,000 to 59,000 tons, equivalent to up to four times the weight of the Brooklyn Bridge, which weighs 14,680 tons. 1[1]Julia Shipley, A Mountain of Used Clothes Appeared in Chile’s Desert. Then It Went Up in Flames, Wired (Jan. 13, 2024), https://www.wired.com/story/fashion-disposal-environment/. The pile is so large that it is visible from space.2[2] Shipley, supra; Daniel Rodgers, A massive mountain of fast fashion landfill can now be seen from space, Dazed Digital (June 5, 2023), https://www.dazeddigital.com/fashion/article/60016/1/a-mountain-of-landfill-can-now-be-seen-from-space-atacama-fast-fashion-shein. For years, many locals viewed the mountain of clothes as an economic opportunity that supported the local economy rather than the eyesore and environmental hazard it has since become.3[3]Shipley, supra.
Environmental advocates are attempting to hold local authorities, corporations, and even the Chilean government potentially responsible for the ecological devastation. Meanwhile, the emerging legal consequences for the Chilean government, shaped by its regulatory frameworks and potential precedents, suggest a potentially far-reaching impact on global environmental policies and shifting consumer habits.
The Fast Fashion Supply Chain and Its Environmental Fallout
Chile is the biggest importer of second-hand clothing in South America and has been the fastest-growing importer of used clothing globally. This import surge is driven by Chile’s role as a regional redistribution hub, where low-income markets across Latin America rely on affordable second-hand clothing to meet consumer demand, creating a lucrative trade for used garments despite the associated environmental risks.4[4]Shipley, supra. Between 2020 and 2021, it was the fastest-growing importer of used clothing globally.5[5]Shipley, supra. Chile’s government has struggled to keep pace with the influx of fast fashion waste that arrives primarily through the duty-free port of Iquique. Iquique is an established tax-free zone that incentivizes the import of second-hand clothing by reducing costs for importers. The reduced importing costs allow these garments to be sold at lower prices in Latin American resale markets.6[6]Shipley, supra.
Iquique has become a major hub for unused and second-hand clothes imported from the United States, Europe, and Asia, sourced from charity donation bins, thrift store surpluses, and unsold retail stock.7[7]Shipley, supra; John Bartlett, Fast fashion goes to die in the world’s largest fog desert. The scale is breathtaking, National Geographic (April 10, 2023), https://www.nationalgeographic.com/environment/article/chile-fashion-pollution; OEC, Used Clothing in Chile, OEC (Aug. 2024), https://oec.world/en/profile/bilateral-product/used-clothing/reporter/chl. In these countries, the fast fashion cycle encourages rapid consumer turnover, leading to an overwhelming volume of discarded clothing that local resale markets cannot absorb.8[8]RoadRunner, The Environmental Crisis Caused by Textile Waste, RoadRunner (Jan. 2021), https://www.roadrunnerwm.com/blog/textile-waste-environmental-crisis.; Shipley, supra. Many of these items are poor in quality, outdated, or unsuitable for consumer preferences, making them difficult to sell in thrift stores or online.9[9]Beth Porter, What Really Happens to Unwanted Clothes?, Green America, https://www.greenamerica.org/unraveling-fashion-industry/what-really-happens-unwanted-clothes. To manage this excess, thrift stores and donation centers opt to sell unsold clothing in bulk to exporters.10[10]Porter, supra; Nina Gbor, Secondhand fashion, trash, and inequality: how the global North continues to colonize, Eco Styles (Sep. 2021), https://www.ecostyles.com.au/blogs/secondhand-fashion-trash-and-inequality-how-the-global-north-continues-to-colonise.
Ironically, the environmental and economic burdens created by clothing waste in the Atacama Desert are precisely why exporting countries avoid dumping these items on their land. Instead, they leverage “circular economy” initiatives, exporting surplus clothing under the guise of sustainability.11[11]Gbor, supra. A circular economy initiative promotes reducing waste by reusing, recycling, and repurposing materials to extend their lifecycle and minimize environmental impact.12[12]Cristian Cuta Gómez, Chile is Leading the Way as an Example of a Regional Circular Economy, Circular Innovation Lab (Apr. 13, 2024), https://www.circularinnovationlab.com/post/chile-is-leading-the-way-as-an-example-of-a-regional-circular-economy. While exporting aligns with efforts to extend the lifecycle of garments, it merely shifts the problem elsewhere, transforming it into someone else’s burden rather than addressing the root causes of waste.
Latin American markets, including Chile, have therefore become major destinations for these surplus garments due to the demand for affordable clothing in low-income communities.13[13]Shipley, supra.
Local merchants buy bulk shipments from importers hoping to resell them, but many items—either poor in quality, outdated in style, or unsuited to local preferences—go unsold there.14 Without affordable disposal options, merchants often resort to illegal dumping, leading to the massive textile waste in the Atacama Desert.14[14]Shipley, supra.
The Chilean federal government’s current legal framework has made it illegal to dispose of textiles irresponsibly, but enforcement mechanisms are weak.15[15]Shipley, supra. Local municipalities, especially in areas like Alto Hospicio in northern Chile, have failed to monitor and control the massive influx of clothing waste.16[16]Shipley, supra. Alto Hospicio is a rapidly growing municipality near the port city of Iquique and hosts La Quebradilla, a sprawling open-air market that operates six days a week, trading in used clothing from around the world.17[17]Shipley, supra. This makes the town a key hub in the textile trade and a focal point for the accumulation and improper disposal of unsold garments, exacerbating the region’s waste crisis. The companies that dump exploit legal loopholes in import regulations and waste management laws.18[18]Shipley, supra.
One of the significant issues in this legal landscape is the ambiguous responsibility between the exporters and the importers. Should the burden fall on international exporters from more affluent countries who send their unsellable goods to developing countries? Or should the responsibility lie with importing Chilean companies and accepting municipalities that fail to manage the waste within their borders? This lack of clear accountability is central to the evolving legal discourse in Chile and beyond.
Legal Tools for Accountability: The Role of Lawsuits and Policy Reform
Environmental lawsuits serve as critical instruments for addressing environmental harm, compelling governments and corporations to take responsibility for their actions that have harmed the local environment like that in Chile. These legal actions often seek to enforce existing environmental regulations, challenge insufficient policies, or secure compensation for affected communities. High-profile cases, such as those targeting industrial polluters or companies responsible for oil spills, have set important precedents, demonstrating that legal systems can play a pivotal role in protecting ecosystems and public health. By imposing penalties, mandating cleanup efforts, or driving policy reform, environmental litigation is a vital mechanism for promoting accountability and advancing environmental justice.
While textile waste accountability is a new frontier, Paulin Silva’s lawsuit against the Chilean federal government and the municipality of Iquique could set an important legal precedent for textile waste accountability.19[19]Shipley, supra. Silva, an environmental lawyer and resident of Iquique, argues that Chile’s local and federal governments failed to regulate and manage the influx of second-hand clothing, resulting in the massive illegal dumps in the Atacama Desert.20[20]Shipley, supra. Her lawsuit seeks to hold these entities accountable for their inaction, asserting they bear responsibility for the environmental degradation caused by unregulated waste disposal.21[21]Shipley, supra. Silva hopes that the lawsuit will not only help address the immediate environmental damage but also help Chile establish a legal framework to prevent similar crises in the future. Silva’s case could be pivotal in clarifying the legal responsibilities of local and federal governments in enforcing waste management regulations, potentially setting a precedent that pressures companies importing and selling second-hand clothes to be held accountable under strengthened regulatory frameworks.
Chile’s current regulatory framework, though a step forward, highlights significant gaps that need to be strengthened to address the crisis effectively. In 2016, Chile’s government passed its version of the Extended Producer Responsibility Law (Ley REP), a global pre-existing legal framework that aims to hold producers accountable for the waste generated by their products.22[22]Jordan Girling, Textiles Extended Producer Responsibility (EPR), Wrap (Jan. 2024), https://asiagarmenthub.net/resources/2024/wrap-textiles-epr-status-report-january-2024-v2.pdf. Under Ley REP, manufacturers, producers, and importers of priority products must organize and finance the collection, disposal, reuse, or recycling of their marketed products in Chile.23[23]International Trade Administration (ITA), Chile Waste Management and Recycling, ITA (May. 2023), https://www.trade.gov/market-intelligence/chile-waste-management-and-recycling. As garbage of all kinds piles up, many countries, including some U.S. states, are passing a version of Extended Producer Responsibility–without textiles–to address environmental issues.24[24]Logfret, Fast fashion goes to die in the world’s largest fog desert. The scale is breathtaking., Logfret (June 2023), https://logfret.com/fast-fashion-goes-to-die-in-the-worlds-largest-fog-desert-the-scale-is-breathtaking/. Currently, California and New York are the only states nationwide to have an ERP law that includes textile waste.25[25]Ellen Macarthur Foundation (EMF), EPR for textiles in the USA, EMF (Sep. 2024), https://www.ellenmacarthurfoundation.org/epr-for-textiles-in-the-usa. As of 2023, only France, The Netherlands, and Italy have implemented textile ERP. Chile’s version of ERP, Ley REP, was only recently implemented in September 2023 and currently covers six key product categories: lubricant oils, electronics, batteries, small batteries, containers, and tires.26[26]Girling, supra; ITA, supra; Tibor Barsony, EU Textile EPR Directive for Fashion Brands, Ecosistant (June 2023), https://www.ecosistant.eu/en/eu-textile-epr-directive-for-fashion-brands/#:~:text=In%20Italy%2C%20the%20Ministry%20of,comments%20until%20March%203%2C%202023. Unfortunately, textiles are notably absent from the initial law and are now considered a priority for inclusion by Chile’s Ministry of the Environment.27[27]Girling, supra.
If Chile’s lawmakers add textiles to their EPR law, companies worldwide that send clothing to Chile would be forced to manage the entire lifecycle of their clothing products, from production to disposal. This expansion would compel corporations to recycle discarded clothing or face significant penalties for non-compliance. By broadening its scope to include textiles, Ley REP would become one of the few existing comprehensive legal frameworks globally for managing textile waste, aligning with international efforts to hold fashion companies accountable for their environmental impact.28[28]Girling, supra; Gómez, supra.
The Health and Environmental Consequences of Fast Fashion Waste
As the legal battle continues, the environmental and social consequences of fast fashion dumping in the Atacama Desert similarly persist. Fast fashion is a business model in the clothing industry that prioritizes the rapid production of low-cost, trendy garments to meet constantly changing consumer demands, often at the expense of environmental sustainability and ethical labor practices.29[29]Alyssa Hardy, Everything You Need to Know About Fast Fashion, Vogue (Apr. 2024), https://www.vogue.com/article/what-is-fast-fashion. Synthetic fibers like polyester, which constitute the majority of fast fashion garments, are highly resistant to biodegradation.30[30]Shipley, supra; Ngan Le, The Impact of Fast Fashion on The Environment, Princeton Student Climate Intiative (July 2020), https://psci.princeton.edu/tips/2020/7/20/the-impact-of-fast-fashion-on-the-environment. These clothes, often treated with toxic chemicals and dyes, release harmful substances into the air and soil, contributing to air and water pollution in surrounding areas.31[31]Shipley, supra; Le, supra.
Residents have raised health concerns about these dumps.32[32]Shipley, supra. Inhabitants of towns near the desert report that workers at the dump sites frequently set clothes ablaze to reduce the overwhelming volume of discarded garments.33[33]Shipley, supra. The resulting toxic smoke, filled with chemicals from synthetic fibers, poses severe health risks.34[34]Shipley, supra. Asthma, respiratory problems, and other health issues have become common, especially among vulnerable populations.35[35]Shipley, supra.
This underscores the importance of Silva’s lawsuit as a crucial tool for protecting Chile’s environment and safeguarding public health against the ongoing impacts of environmental degradation. If successful, Silva’s lawsuit could result in stricter regulations, financial penalties for violators, and even compensatory damages for affected communities. A successful lawsuit would inspire future litigation to secure justice for communities impacted by environmental degradation.36[36]Shipley, supra; Rebecca Manzi, Lawsuit against Chile over clothing dumps in Atacama Desert, Green Me (Apr. 4, 2024), https://www.greenmemag.com /environment/lawsuit-against-chile-over-clothing-dumps-in-atacama-desert/#google_vignette.
The Global Context: Trade Liberalization, Environmental Accountability, and A Call for Sustainable Fashion Practices
The Chilean experience with fast fashion waste reveals deeper issues within the global trade system. Trade liberalization policies, which have facilitated the free flow of goods across borders, often exacerbate environmental challenges by allowing wealthy nations to offload their waste onto developing countries.37[37]S.M. Shafaeddin, Trade Liberalization and Economic Reform In Developing Countries: Structural Change or De-Industrialization, UN Trade and Development (2005), https://unctad.org/system/files/official-document/osgdp20053_en.pdf.
The United Nations Conference on Trade and Development has emphasized that global efforts to address textile waste must include reforms to international trade agreements, ensuring that exporters are held accountable for the environmental consequences of their goods.38[38]Shafaeddin, supra. Implementing stricter tariffs, recycling mandates, and waste management protocols in exporting countries could reduce the burden on nations like Chile.39[39]Shafaeddin, supra; Shipley, supra.
The United Nations has called for a global treaty on plastic pollution, which could be expanded to include textile waste management.40[40]Governments call for a Global Textiles Policy Dialogue, UN Environment Programme (May 16, 2024), https://www.unep.org/technical-highlight/governments-call-global-textiles-policy-dialogue. By incorporating textiles into such a treaty, the international community could develop a cohesive strategy for dealing with fast fashion waste that transcends national borders.
The Atacama Desert starkly reminds us of the environmental costs of unchecked consumerism. However, evolving legal frameworks like Chile’s Ley REP and ongoing lawsuits like Silva’s offer hope for change. The Atacama may one day stand as both a symbol of environmental devastation and a turning point in the global fight for sustainable and responsible fashion.
Written by Rhozhen Panahi Brooklyn Law
