Natural Person vs. Government of Costa Rica, for the non-inclusion of climate variables in environmental impact assessments

The case began with the filing of a Constitutional Appeal before the Constitutional Chamber of the Supreme Court of Justice of Costa Rica, alleging that the Executive Branch and the National Environmental Technical Secretariat (SETENA) attached to the Ministry of Environment and Energy (MINAE) failed to include climate impacts in the Environmental Impact Assessment (EIA) procedures.

The lawsuit argues that Executive Decree 43898-MINAE-S-MOPT-MAG-MEIC of December 21, 2022, which regulates environmental assessment in the country, does not contemplate the obligation to assess the climate risks and impacts of projects, nor does it establish mitigation or adaptation measures to climate change.

Among the main arguments put forward by the plaintiff are the following:

• Violation of constitutional and conventional rights: It is argued that the omission in the climate assessment violates the right of present and future generations to a safe climate, within the framework of the right to a healthy and ecologically balanced environment.

• Lack of regulation on climate change in the EIA: The current Executive Decree does not require evaluating the climate impact of projects nor does it establish mitigation and adaptation measures.

• SETENA's inaction: The institution has not issued guidelines, agreements, or resolutions requiring the consideration of climate change in environmental assessment processes.

• Incompatibility with international standards: Multiple international instruments and jurisprudence are invoked that support the need to integrate climate change into environmental impact studies.

The Constitutional Chamber admitted the appeal and ordered the Minister of the Presidency, the Minister of Environment and Energy and the Secretary General of SETENA to submit a report on the reported events within three business days.

It is advised that, if no response is received within the deadline, the facts alleged by the appellant could be considered true and the appeal ruled in favor of the appellant.

In June 2026, the Constitutional Chamber ordered the Ministry of Environment and Energy and the Secretary General of the National Environmental Technical Secretariat to issue the necessary orders within their respective jurisdictions and coordinate the necessary actions to ensure that, within a maximum period of eighteen months from the date of notification of this ruling, the obligation to examine the climate risks and impacts of activities, works, or projects, as well as the climate change mitigation and adaptation actions to be implemented by project developers, is incorporated into the regulatory framework established to govern the general requirements and procedures for environmental impact assessments (EIAs). This order was issued under the warning of penalties for non-compliance with the decision.

Likewise, the sentence ordered the State to pay the costs, damages and losses in the Enforcement Area of the Administrative and Civil Court of Finance.

Implementation

The Constitutional Chamber ordered that, within a maximum period of eighteen months, the risks and climatic impacts of the activities, works or projects, as well as the mitigation and adaptation actions to climate change to be implemented by the project developers, be incorporated into the EIAs, within the regulatory framework provided to regulate the requirements and general procedures of the environmental impact assessment (EIA).

The appeal for protection filed denounces the omission of climate change in the Environmental Impact Assessment (EIA) in Costa Rica, arguing that this failure violates fundamental rights and international commitments.

Main Climate Arguments:

• Lack of regulation: Decree 43898-MINAE does not require evaluating climate impacts in projects, which prevents considering GHG emissions or vulnerability to extreme events.

• Violation of human rights: The right to a safe climate and the state's obligation to prevent irreversible environmental damage are invoked, applying the principles of prevention and precaution.

• Non-compliance with international treaties: The UNFCCC, the Paris Agreement, Advisory Opinion OC-23/17 of the Inter-American Court of Human Rights and UN resolutions on the right to a healthy environment are cited.

• Unassessed climate risk: The lack of regulation exposes Costa Rica to severe impacts from extreme events, such as hurricanes and droughts.

• Principle of non-regression: The omission of climate change in the EIA represents a setback in environmental regulations.

Request for the appeal:

It is requested that the Constitutional Chamber order the State to include climate change in the EIA and review projects in process under this new criterion.

• Mario Peña Chacón

• Executive Branch of Costa Rica.
• National Environmental Technical Secretariat (SETENA) .

Costa Rica is a country with exceptional biodiversity and fragile ecosystems, making it highly vulnerable to the effects of climate change. Its location in the Central American tropics exposes it to extreme weather events such as hurricanes, tropical storms, droughts, and floods, which have increased in frequency and intensity due to global warming. Despite its ambitious environmental policies and international commitments, the country faces challenges in integrating climate considerations into its environmental management instruments, such as Environmental Impact Assessments (EIAs). The lack of a clear requirement to assess the climate impacts of development projects jeopardizes both the resilience of its ecosystems and the safety of its communities, especially in coastal areas and regions with vulnerable infrastructure. This case highlights the urgent need to update Costa Rica's environmental regulatory framework to align it with its international commitments and ensure the effective protection of the environment and the rights of present and future generations.

International and Regional Regulations

• United Nations Framework Convention on Climate Change
• Paris Agreement.
• Central American Convention on Climate Change
• UN General Assembly Resolution A/RES/76/300 (2022).
• UN General Assembly Resolution A/RES/79/1 (2024).
• Manaus Declaration on Human Rights in the Climate Emergency.
• Advisory Opinion 23/17 of the Inter-American Court of Human Rights (2017).

International Jurisprudence

• Inter-American Court of Human Rights:
  • Case of the U'wa Indigenous People and its Members vs. Colombia.
  • Case of the inhabitants of La Oroya vs. Peru.
• International Court of Justice:
  • Its doctrine on the obligation to carry out environmental impact studies when an activity may generate significant transboundary effects is noteworthy.
• International Tribunal for the Law of the Sea:
  • Advisory opinion of May 21, 2024, which establishes the state obligation to carry out environmental and socioeconomic impact assessments in activities that may generate marine pollution linked to climate change.

National Reports and Plans

• National Climate Change Adaptation Plan 2022-2026.
• State of the Nation 2024.
• Climate Change Projections in Costa Rica 2023 (CATIE).
• Assessment of the Impact of Tropical Cyclones in Costa Rica 2024 (UCR).