Climate Litigation Cases in Latin America and the Caribbean

Two Mexican citizens filed a lawsuit seeking amparo (a constitutional remedy) against the removal, filling, and fragmentation of the mangrove forest located in Laguna del Carpintero in Tamaulipas. This action stemmed from the illegal construction—which lacked the required environmental impact authorization—of the Laguna del Carpintero Ecological Theme Park.

The Mexican Center for Environmental Law (CEMDA) and the Inter-American Association for Environmental Defense (AIDA) filed an amparo lawsuit against the Agreement that modifies article 31 of the General Administrative Provisions that establish the guidelines for the prevention and comprehensive control of methane emissions from the hydrocarbon sector (hereinafter the amending Agreement), published by the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbon Sector (ASEA).

A group of minors (born between 2005 and 2011) represented by their parents filed a constitutional appeal against the Peruvian State, demanding its failure to formulate and implement a national public policy and regional action plans with concrete measures to stop the deforestation of the Peruvian Amazon.

The organization Equística Defensa del Medio Ambiente (Equística Environmental Defense) filed a collective environmental protection action against the Municipality of Rosario, the Province of Santa Fe, the Municipality of Victoria, the Province of Entre Ríos, and the National Government, due to the illegal fires occurring on the chain of islands off the coast of the city of Rosario, which were seriously affecting the health of the inhabitants.

The Environment and Natural Resources Foundation (FARN) filed a lawsuit against Resolutions 789/2017 and 813/2017, issued by the Environmental Protection Directorate (DPA), which authorized the oil company El Trébol (PETSA) to explore and exploit oil using the fracking method in four wells located near the Llancanelo Lagoon (Ramsar Site of international importance).

On April 9, 2018, the NGO OIKOS Environmental Network filed a lawsuit challenging the constitutionality and international human rights standards of Decree No. 248/2018 issued by the Ministry of Economy, Infrastructure, and Energy of the Province of Mendoza. This decree regulates the environmental impact assessment procedure for hydrocarbon exploration and extraction activities in unconventional formations (fracking).

Mr. Esteban Antonio Lagos, a member of the Public Interest Litigation Group (GLIP) of the University of the North, filed a simple annulment action against the Ministry of Mines and Energy, for the issuance of Decree No. 3004 of December 26, 2013 and Resolution No. 90341 of March 27, 2014.