Climate Litigation Cases in Latin America and the Caribbean

On June 12, 2023, the Quantum Foundation formally requested from the Ministry of Environment and Energy (MINAE) and the Board of Directors of the Costa Rican Petroleum Refinery (RECOPE) a certified digital copy of eight sets of historical documents related to hydrocarbon potential and exploration in Costa Rica.

On October 9, 2023, through letter CRLP-01-2023, the citizen initiative Costa Rica Free of Drilling presented to the President of the Republic and the Ministry of Environment and Energy (MINAE), a reaction to the proposal of the Costa Rican Union of Chambers and Associations of the Private Business Sector (UCCAEP) on hydrocarbons.

In the document they made a formal request with two aspects:

On January 11, 2024, Greenpeace Netherlands and eight citizens of the island of Bonaire sued the Dutch State for violating the rights of the inhabitants of the Caribbean island of Bonaire by not adequately and promptly assuming its responsibility to curb climate change.

On June 29, 2026, the Honduran Institute of Environmental Law (IDAMHO) filed an appeal for protection of constitutional rights with the Constitutional Chamber of the Supreme Court of Justice against the resolution issued by the Ministry of Natural Resources and Environment (SERNA). This resolution authorized the third renewal of the environmental license for Phase 1 of hydrocarbon exploration, which includes 2D seismic surveys, gravimetry, and seabed sampling in the Honduran Caribbean.

The legal action filed in 2020 by the Puerto Franco Native Community and the Kichwa Ethnic Council of the Amazon (CEPKA) sought to protect their right to communal property, including access to and control of their natural resources within their territory, as well as the right to prior consultation regarding administrative acts and measures.

On March 10, 2021, Greenpeace Mexico filed an injunction with the First District Court for Administrative Matters Specialized in Economic Competition, Broadcasting, and Telecommunications, challenging the constitutionality of the amendments to the Electricity Industry Law and the National Electricity Sector Development Program 2020-2034. In its lawsuit, Greenpeace also requested the suspension of the implementation of both regulations.

Members of the Mexican Senate filed a constitutional challenge against the Decree reforming various provisions of the Electricity Industry Law , published in the Official Gazette of the Federation (DOF) on March 9, 2021. They argue that these changes affected free competition, the environment, and the Mexican State's international commitments and obligations regarding the environment and climate change, for the following reasons:

The Río Playa Ejido filed a lawsuit to challenge the formulation, execution and publication of the Management Program for the Protected Natural Area of the Rio Playa Ecological Reserve, arguing that the participation of the guardians of the territory, who are fundamental to the preservation of nature, in this case, the ejido members, was not prioritized.

In late 2021, Oceana Mexico filed a lawsuit alleging that the Mexican Congress had failed to create effective general regulations for the restoration or recovery of depleted or overexploited fish species. The lawsuit argued that the General Law on Sustainable Fisheries and Aquaculture was ineffective.

The organization Greenpeace Mexico promoted an injunction against (i) various provisions of the Electricity Industry Law (LIE), reformed and added by decree published on March 9, 2021 in the Official Gazette of the Federation; (ii) the National Electricity System Development Program 2020-2034 (also known as PRODESEN) of the Ministry of Energy; (iii) the Business Plan 2021-2025 of the Federal Electricity Commission (CFE); and (iv) the CFE's Electricity Industry Strengthening Plan.