Constitutional Chamber of the Supreme Court of Costa Rica
el Comité Pro-No Construcción de la Urbanización Linda Vista
The Ministry of Environment and Energy, the Municipality of Poás, and several other governmental agencies
Plaintiffs representing a pro-non-construction NGO filed an appeal challenging the Ministry of Environment’s environmental approval issued for an urban project which allegedly would result in harms to the environment and community. Of particular importance was the authorized construction of septic tanks and high-risk infrastructure within critical aquifer zones, some of which provided important groundwater ‘recharge’ services in addition to supplying several local communities with the majority of their water. These zones had been identified as particularly vulnerable to contamination. The Ministry rejected the appeal, arguing that all environmental requirements had been satisfied, and the plaintiffs thereafter filed an additional appeal for protection against the Ministry’s actions.
The plaintiffs argued in their appeal that, as a result of these harmful impacts, the Ministry’s administrative approval violated several provisions of the Political Constitution, including the right to a healthy and ecologically balanced environment (R2HE) under Art. 50. Additionally, the plaintiffs alleged that the Ministry had failed to take into account the technical and scientific evidence demonstrating the project’s environmental infeasibility, instead relying negligently on the construction company’s proferred justifications and data.
Examining the technical and scientific evidence closely, the Court held for the plaintiffs and found that the project’s construction did pose serious risks of contamination to the aquifers, ecosystems and water resources of the area. The Court therefore declared the amparo appeal admissible and annulled the Ministry’s offending administrative acts for violations of the rights to life, health and R2HE. Moreover, the Court emphasized that the R2HE depends upon the protection, conservation and provision of safe and clean waters for both human consumption and to maintain ecological balance in wild ecosystems. Lastly, the Court held that the Costa Rican government had failed to apply the precautionary principle and stressed that the State has a duty to preserve for future generations conditions of existence at least equal to those inherited, in line with sustainable development ideals.