NGO vs. Government of Puerto Rico for failing to comply with Law 33-2019 to combat climate change

Location

Puerto Rico

Status
Resolved on appeal
Case file number
TA2026CE00056
Start date
November 18, 2022
Date of judgment or latest existing decision
On February 27, 2026, the Court declared that the DRNA had engaged in a pattern of negligence in fulfilling the duty imposed by Law 33-2019.
Summary

The organization El Puente Puerto Rico filed a Petition for Mandamus in the San Juan Court of First Instance against the Department of Natural and Environmental Resources (DRNA) and the Committee of Experts (CEACC), seeking compliance with Law 33-2019. They requested that the DRNA update and publish the Gas Inventory. After numerous procedural incidents, on November 18, 2022, the Court issued a Judgment granting the Mandamus requested by El Puente.

Therefore, the defendants were ordered to update and publish the Gas Inventory and, additionally, to submit a work plan detailing the necessary steps to fulfill the ministerial duties, which had to meet the technical and specialized rigor required by law.

On December 2, 2022, the DRNA presented the aforementioned work plan. In it, it projected, among other things, that it would publish a Climate Change Mitigation, Adaptation, and Resilience Plan by the end of 2023, subject to the availability of budgetary funds for its preparation.

However, it did not specify a date for updating and publishing the Gas Inventory, so El Puente presented its position regarding the aforementioned work plan.

Consequently, on January 24, 2023, the Court held an argumentative hearing in which it required specific compliance with the dates established by the petitioner in its work plan, unless a change to those dates was authorized. Subsequently, a prolonged post-judgment period ensued, consisting primarily of constant complaints from El Puente regarding the DRNA's noncompliance with the work plan approved by the Court, as well as with the ministerial duties imposed by Law No. 33-2019 and the Judgment. In response, the DRNA appeared on multiple occasions to justify the delay in fulfilling its duties, based on the technical nature of the required documents, as well as budgetary and contractual challenges and obstacles.

On April 22, 2024, the Department of Natural and Environmental Resources (DRNA) reported that the Committee of Experts and Advisors on Climate Change had submitted the final draft of the Mitigation Plan to the Joint Committee on Mitigation, Adaptation, and Resilience to Climate Change of the Legislative Assembly of Puerto Rico. For this reason, it argued that the committee had already fulfilled the ministerial duty imposed by Law 33-2019, and therefore requested that the Judgment issued on November 18, 2022, be considered fulfilled.

On May 6, 2024, the Court of First Instance of San Juan (CPI-SJ) ordered the case dismissed; however, on May 21, 2024, El Puente timely filed a motion for reconsideration, arguing that the Department of Natural and Environmental Resources (DRNA) was also required to update and publish the Gas Inventory, and therefore had not yet complied with the Judgment. In December 2025, El Puente again appeared before the Court of First Instance, reporting that the DRNA continued to fail to comply with the order, which was corroborated by the Court on December 19, 2025. Disagreeing with this decision, on January 6, 2026, the DRNA filed a motion for reconsideration, which was denied by another Order issued on January 7, 2026.

On February 27, 2026, the Court declared that the DRNA had incurred a pattern of lack of diligence in fulfilling the duty imposed by Law 33-2019 to update and publish the Gas Inventory annually.

The Friends of the Guaynabo River Organization, Inc., as well as various environmental and scientific organizations, have expressed concern about the lack of action by the DRNA and advocate for the development and implementation of the Plan and are pressing the court to order compliance with the law and completion of the plan as soon as possible.

The arguments presented demonstrate the lack of programs that leave Puerto Rico in a vulnerable position in the face of climate change, and the reluctance to establish policies and strategies that include adaptation and mitigation measures are urgent if one considers the vulnerability of the communities and the island to hurricanes, rising sea levels, and other extreme weather events.

The issue is of concern to environmental sectors and citizens because it highlights the lack of government action on climate issues, which represents serious negligence in the management of the climate crisis and underscores the importance of oversight by environmental organizations in Puerto Rico.

Implementation

The mandamus petition filed by the environmental organization El Puente against the DRNA and the Committee of Experts and Advisors on Climate Change (CEACC) to demand compliance with Law 33-2019 was successful and the court ordered the Department of Natural Resources to prepare the Mitigation Plan; however, in October 2025 the Court dismissed a legal challenge against the Legislative Assembly, concluding that ordering the legislative bodies to process the Plan interfered with their constitutional prerogatives.

Climate element

The plaintiffs demanded that the government present a Climate Change Mitigation, Adaptation and Resilience Plan (PMARCC); update and publish the Greenhouse Gas Inventory annually; and meet key metrics for transitioning to fully hybrid or alternative-source government vehicle fleets.

The arguments presented highlighted the lack of programs that left Puerto Rico in a vulnerable position in the face of climate change and the reluctance to establish policies and strategies with adaptation and mitigation measures, which are urgent given the vulnerability of the communities and the island to hurricanes, rising sea levels, and other extreme weather events.

Key factors of the climate crisis in Puerto Rico included rising temperatures and heat waves; rising sea levels and coastal erosion; more intense and destructive hurricanes; extreme rainfall and flooding; droughts and water scarcity; and impacts on ecosystems and biodiversity.

According to academic studies, climate change is expected to make these events more intense and destructive. It is estimated that sea levels in Puerto Rico have risen at least 4 inches in the last century.

Municipalities such as Rincón, Loíza, and San Juan have lost beaches and homes due to erosion, and flooding is more frequent and severe because extreme rainfall has increased, causing rivers to overflow and affecting communities in Toa Baja, Cataño, Guaynabo, and other low-lying areas.

Claimants
  • El Puente Puerto Rico Organization.
  • Friends of the Guaynabo River, Inc.
Defendants
  • Department of Natural and Environmental Resources (DRNA).
Supporting organizations
Friends of the Guaynabo River, Inc.
Territorial context

Puerto Rico is highly vulnerable to the effects of climate change due to its location in the Caribbean and its geography. Some of the most affected areas include:

  • Coastal areas (Loíza, Rincón, Isabela, San Juan, Humacao). Rising sea levels and coastal erosion. Frequent flooding from storm surges and hurricanes.

  • Mountainous regions (Utuado, Adjuntas, Jayuya). Landslides due to extreme rainfall and changes in rainfall patterns affect agriculture and biodiversity.

  • Vulnerable urban areas (San Juan, Bayamón, Cataño). More intense heat waves due to the urban heat island effect and deficient infrastructure that hinders adaptation to extreme weather events.

  • Communities near bodies of water (Río Grande de Loíza, Río La Plata, Río Guaynabo). Increased flooding due to extreme rainfall and poor urban planning.

Puerto Rico faces a climate crisis with increasingly severe impacts. Its location in the Caribbean makes it particularly vulnerable to extreme events such as hurricanes, sea level rise, droughts, and floods. Hurricanes Maria (2017) and Fiona (2022) highlight the urgency of a climate resilience plan.

The impact on biodiversity and ecosystems translates into the degradation of coral reefs and forests like El Yunque, which threatens key species and reduces the island's natural capacity to withstand storms.

Rules and principles invoked

International agreements/treaties

  • Paris Agreement

National laws

  • Law 33-2019 - Law on Mitigation, Adaptation and Resilience to Climate Change in Puerto Rico.
  • Law 416-2004 - Law on Environmental Public Policy of Puerto Rico.
  • Law 171-2018 - Law of the Department of Natural and Environmental Resources.
  • Law 17-2019 – Puerto Rico Energy Public Policy.
  • Law 237-2004 – Law of the Special Communities of Puerto Rico.

Beginning

  • Principle of prevention and precaution
  • Principle of Sustainable Development
  • Principle of Environmental Justice
  • Principle of Citizen Participation
  • Principle of Environmental Responsibility

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Instance
Judicial
Actor type
Civil society organization
Topic
Acuerdo de París y compromisos climáticos
Climate disasters
Obligations of States
Environmental protection
Defendant type
State
Grounds for claim
Paris Agreement and climate commitments
National legislation