Legal Challenges of Environmental Protection and Compliance in Costa Rica

Our lawyers in Costa Rica, experts in Environmental Law, share this article on the critical importance of effective legal frameworks and judicial capacity in protecting the environment and ensuring climate justice amidst current challenges in the country's administrative and enforcement systems.

Costa Rica, renowned globally for its commitment to environmental conservation and exceptional biodiversity, faces a significant challenge that has become a critical issue: the application of its legal framework aimed at protecting the environment. Currently, the country has significantly weakened its Ministry of Environment and Energy, with the government decreasing its budget. Compounding this issue is an institutional vacuum in the Administrative Environmental Tribunal due to a lack of the minimum number of judges required for effectiveness, efficiency, and necessary confirmation. As a result, over 8,000 cases cannot be evaluated, and hearings to review evidence, allow arguments, and present necessary experts are impossible.

Previously, there was a political warning in the last administration when the possibility of approving the Escazú Agreement in the Legislative Assembly was lost. Although current legislation covers nearly 100% of the Agreement's content, confidence rested on a robust Administrative Environmental Tribunal and an effective environmental criminal prosecution system.

In this context, environmental justice emerges as a central theme, demanding not only the protection of natural resources but also ensuring that vulnerable communities have a voice in decisions affecting their environment. Ineffective law enforcement and inconsistent sanction application pose significant challenges, eroding public trust in the institutions tasked with environmental protection.

Amid this administrative inefficiency, progressive legislation like the Principle of Non-Regression loses value if the primary forum for environmental dispute analysis, the Administrative Environmental Tribunal, is undermined. The specialization of judges in environmental matters is crucial for the proper interpretation and application of laws. In a country with rich biodiversity and a strong dependency on the environment for economic development and social well-being, a well-informed and robust judicial system is essential.

The absence of specialized judges not only hinders efficient dispute resolution but can also lead to judicial decisions that inadequately reflect the severity of environmental damage, discouraging affected parties from filing complaints due to perceived lack of fair and timely resolutions. Judicial specialization, therefore, is not just a matter of efficiency but also of justice and credibility of the legal system.

The Administrative Environmental Tribunal (TAA) is a key institution in Costa Rica’s environmental administrative system. The lack of judge appointments has resulted in a standstill, with multiple negative consequences: delays in justice and damage reparations, and continued environmental harm. This inaction suggests the need to strengthen clear and decisive judicial bodies to create a legal environment where legal boundaries are clear, and significant illegal or harmful activities are addressed. Significant reform in Costa Rica’s environmental judicial system is necessary.

Failure to appoint specialized judges in the TAA and other relevant courts calls for strengthening the judicial system and improving continuous training programs for prosecutors, judges, and other judicial officials on environmental issues. Training should cover legal aspects, scientific, and technical knowledge required to understand complex environmental cases and improve resource allocation and institutional support for the TAA and other judicial bodies handling environmental matters.

Efforts are needed to ensure Costa Rica has a judicial system capable of addressing 21st-century environmental challenges, protecting biodiversity, and ensuring sustainable development for future generations. Environmental justice is a matter of judicial efficiency, equity, sustainability, and ultimately survival for a country that has made the environment a key identity marker.

Possible Solutions to Current Challenges

To address the judge shortage and the current crisis of the Administrative Environmental Tribunal, Costa Rica should enhance significant environmental management responsibilities for municipalities and local governments. This decentralized approach leverages local governments’ proximity to specific community needs, allowing for more effective and adapted management. However, strengthening technical and financial capacities of local entities is essential for implementing and enforcing policies related to waste management, wastewater, logging, and pollution.

While decentralization should theoretically facilitate an appropriate response to regional environmental issues, many municipalities lack the resources to implement crucial climate mitigation and adaptation measures. This capacity deficit limits the implementation of essential measures for environmental protection, threatening national and global efforts to combat climate change.

The effectiveness of Costa Rica’s National Climate Change Policy relies heavily on local governments' ability to implement it. Municipalities need trained personnel and adequate financial resources to develop environmental management projects that meet national and international standards.

Enhancing technical and financial capacities of municipalities is essential for effective environmental management. Training local personnel on waste management, illegal logging control, wastewater handling, and pollution monitoring is fundamental. Without adequately trained staff, municipalities cannot effectively implement climate policies, leading to poor natural resource management and continued unsustainable environmental practices.

In addition to training, municipalities must have access to sufficient financial resources. Adequate funding is necessary for implementing environmental projects, including infrastructure for wastewater treatment and advanced technologies for environmental monitoring. Without sufficient financial resources, these projects remain theoretical and fail to materialize into actions that benefit the environment and local communities.

Improving intergovernmental coordination and support is essential to overcome technical and financial capacity limitations. Collaboration between central and local governments can facilitate access to technical and financial resources, knowledge transfer, and technologies. The central government can play a crucial role in providing funding and creating training programs for municipal staff. Additionally, establishing collaboration networks between municipalities can enable the exchange of best practices and successful experiences in environmental management.

Costa Rica, known worldwide for hosting approximately 5% of the planet's biodiversity despite its relatively small geographical size, faces significant threats related to land use and economic development. Protecting biodiversity in the context of climate change and sustainable development requires careful balance and firm commitment from the government and all involved actors.

One of the critical challenges in protecting biodiversity in Costa Rica is balancing economic development and ecosystem conservation. The country has experienced considerable economic growth in recent decades, driven largely by tourism, agriculture, and urban expansion. While beneficial for the economy and social welfare, this growth has exerted significant pressure on natural ecosystems, resulting in deforestation, habitat fragmentation, and biodiversity loss.

Economic development and conservation are not inherently opposed, but their integration requires robust policies and constant commitment. However, a lack of commitment from the current government in key aspects jeopardizes environmental protection advances. Political and economic decisions often prioritize short-term growth over long-term sustainability, creating tensions and conflicts between different interests.

Despite a legal framework, effective implementation and enforcement remain significant challenges. Inadequate financial and human resources limit authorities’ ability to monitor and enforce regulations. Municipalities and other local entities, often responsible for policy supervision and implementation, face budget constraints and a lack of trained personnel, leading to insufficient oversight and response capacity for environmental violations.

Economic infrastructure and development projects, such as agricultural expansion and tourism, sometimes occur at the expense of natural ecosystems. Without a robust legal framework and strict enforcement, these developments can lead to the destruction of critical habitats and irreversible biodiversity loss.

Ensuring the long-term protection of Costa Rica’s biodiversity requires strengthening existing legal tools and improving their implementation. This includes providing adequate resources to responsible entities, training local personnel, and ensuring sustainable funding for programs like Payment for Environmental Services. Additionally, improving transparency and accountability in environmental policy implementation is necessary to avoid corruption and ensure that benefits reach communities and the environment.

Justice should be considered a fundamental principle to ensure that vulnerable communities receive adequate support and protection against adverse climate change effects. This includes pursuing climate justice, which recognizes that climate change impacts are not distributed equitably, with communities contributing least to the problem often being most affected. In Costa Rica, indigenous and rural communities face significant challenges due to their vulnerability to extreme weather events like floods, droughts, and landslides, and limited access to economic and technological resources for adaptation and mitigation.

Ensuring climate justice involves protecting these communities’ interests and ensuring their voice in decisions affecting their lives and territories. This requires creating legal and political mechanisms facilitating their participation and implementing inclusive and equitable policies.

The implementation of the Escazú Agreement could significantly enhance transparency and public participation in environmental matters in Costa Rica, providing vulnerable communities with access to climate justice. This treaty obligates signatory states to ensure that all people have access to relevant and timely environmental information, participate in decision-making processes affecting their environment, and access justice in cases of environmental damage.

Environmental prosecutor Camilo Flores has highlighted the authorities' "complacency" with environmental destruction, an attitude undermining protection efforts and adversely affecting vulnerable communities. Flores noted the lack of political will from both the Executive and Legislative branches to decisively address environmental challenges, allowing destructive projects to continue without necessary sanctions.

Indigenous and rural communities in Costa Rica, such as those in Uvita and Dominical, face serious threats from development projects that inadequately consider environmental impacts. The case of constructions in biological corridors and maritime-terrestrial zones, such as those in Manuel Antonio, exemplifies how lack of regulation and effective judicial action can endanger vital natural resources and community quality of life.

To advance climate justice, it is crucial to establish and strengthen legal mechanisms ensuring participation and protection of vulnerable communities. This includes creating consultation and participation platforms for communities and providing resources for capacity development, enabling them to adapt to climate change impacts and actively participate in territorial conservation.

A commitment to climate justice requires an integrated and multidimensional approach combining legal protection, community participation, and capacity development. Only through concerted efforts can Costa Rica continue to lead in environmental conservation and promote sustainable, inclusive development, benefiting all communities and protecting invaluable biodiversity for future generations.

Effective climate and environmental policies in Costa Rica depend significantly on rigorous implementation and enforcement. Strengthening monitoring and sanction mechanisms is essential to ensure effective application of environmental laws. The Organic Environmental Law, Forestry Law, Water laws, and regulations are some of the important frameworks that establish principles and regulations but require greater efforts for effective application. Adequate monitoring is essential for detecting and preventing activities that may harm the environment. Without a robust auditing and monitoring system, environmental violations can go unnoticed.

The environmental justice problems the country faces not only harm complainants and defendants but gravely affect the environment. Emphasizing the importance of a positive and proactive approach is essential for achieving significant change.

Involving local communities in policy implementation and compliance can significantly improve effectiveness. Communities are often the first to detect and report environmental violations, and their participation can strengthen monitoring and sanction enforcement. Promoting environmental education and awareness about the importance of law compliance can foster a culture of respect and environmental protection. Awareness campaigns and educational programs can help change attitudes and behaviors.

Supporting local and community initiatives aimed at environmental protection is crucial. This includes providing resources, training, and recognition to communities and organizations working on natural resource conservation and sustainable management.

Effective implementation and compliance with environmental policies are fundamental for environmental protection in Costa Rica. Strengthening monitoring mechanisms, ensuring the application of deterrent sanctions, and promoting community participation are essential steps to enhance the effectiveness of environmental laws.

Arias and its Environmental and ESG department is committed to assisting clients with compliance and implementation of effective environmental policies, supporting resolution of environmental challenges, and providing support from policy review and update to compliance audits and environmental education programs. Arias Law is ready to offer innovative solutions to address the challenges of environmental compliance.

The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.