This project, considered the largest hydraulic work in the province of Málaga, aims to treat wastewater from Torremolinos, Cártama, Alhaurín el Grande, Alhaurín de la Torre, and a portion of the capital. The Junta de Andalucía insists on its location in the Vega de Mestanza, despite local opposition and a previous judicial setback.
The conflict escalated to the Supreme Court after the High Court of Justice of Andalusia (TSJA) issued a strong ruling that overturned the project and ordered the suspension of works, which had barely begun. The Andalusian Government filed an appeal on September 10, and now the Supreme Court must decide whether to admit it for processing and, if so, whether to uphold it.
“"You can never be sure of anything, especially in justice, but I have great confidence in the Supreme Court. 90% of cases do not pass that first filter."
According to Marcelino Abraira, the lawyer representing the residents of the Mestanza and Lomas de Cantarranas association, a response from the Supreme Court is not expected until after the summer, possibly in September or October. Abraira is confident that the court will not admit the Junta's appeal, arguing that the general legal relevance of the case is “non-existent” and that the battle for the Vega de Mestanza “is already won.”
The Junta de Andalucía has repeatedly warned that without this treatment plant, an investment of 105 million euros, the wastewater from the aforementioned municipalities and part of Málaga capital, affecting a population of nearly 250,000 inhabitants, continues to be discharged untreated into the Guadalhorce river and, consequently, into the sea. Annually, 5.9 cubic hectometers of untreated wastewater are discharged, equivalent to 1,750 Olympic swimming pools.
This situation results in an annual fine of almost 1.3 million euros (634,000 euros every six months) imposed by Europe due to non-compliance with water treatment regulations. Since the works were halted in June of last year, accumulated fines already exceed 1.1 million euros.
The location of the Northern EDAR in the Vega de Mestanza was selected in 2003. The Junta argues that changing it would entail another seven years of procedures. However, residents reject this location, considering the Vega to be the last in Málaga with “high ecological value” and, moreover, a flood-prone area, as demonstrated by the Guadalhorce river's overflow on several occasions this winter.
Lawyer Abraira has also expressed concern about the recent Law 2/2026 on Environmental Management of Andalusia, which, according to him, “seeks to soften the requirements for the installation of this type of infrastructure.” Although he hopes this law will only affect new projects, he warns that if the Junta tries to use it to restart the project, it will again face opposition from residents.
