Dominican Republic
The Institute of Lawyers for Environmental Protection, INSAPROMA, and the National Committee for the Fight against Climate Change, CNLCC, filed a constitutional action for protection of compliance against the President of the Republic, the Minister of Energy and Mines, the Minister of Industry, Commerce and MSMEs; the Minister of Environment and Natural Resources, the Superintendency of Electricity; the National Energy Commission and the Executive Vice President of the National Council for Climate Change and the Clean Development Mechanism for failing to comply with the Constitution, laws and international agreements related to decarbonization, the just energy transition and the goals of the Paris Agreement.
The purpose of the amparo action is for the Superior Administrative Court to order the defendants to comply with the Paris Agreement and the NDCs, reducing greenhouse gas emissions by 27% compared to 2010 levels before 2030. This action argues that the defendants were failing to apply Article 67, paragraph 3 of the Constitution of the Republic; Law 1-12 on the National Development Strategy, which in its fourth axis, Climate and Environment, in Article 27, establishes the decarbonization of the country's economy; Law No. 112-00 on Hydrocarbons, which levies a 5% tax on fossil fuels entering the country to be used for clean energy and energy efficiency; and Law No. 57-07 on incentives for renewable energy, which establishes that by 2025, 25% of renewable energy should be injected into the grid.
Government representatives have requested the rejection of the injunction based on the argument of procedural obstacles and lack of legal standing of the plaintiffs.
The central arguments point out that the use of fossil fuels contravenes the conventional, constitutional and legal mandate of the country and connect the State's inaction with critical territorial impacts for the Dominican Republic in its condition as a Small Island Developing State (SIDS) and the failure of the State to comply with the obligations to reduce greenhouse gas emissions by 27% by 2030, allowing dependence on fossil fuels (such as the burning of mineral coal in Punta Catalina or projects such as the barges in Los Negros de Azua) accelerates local environmental degradation and aggravates the global climate crisis.
It is argued that a global temperature increase above 1.5°C represents a systemic risk to the national territory; impacting coastal communities and tourism infrastructure located less than three meters above sea level, which face a real risk of permanent flooding or disappearance due to rising sea levels; and highlighting the increased frequency and intensity of tropical cyclones, prolonged droughts, and flash floods that destabilize land use planning and public infrastructure. The organizations argue that, while the State signed the Paris Agreement committing to mitigate emissions, internal energy planning decisions are moving in the opposite direction.
- Institute of Lawyers for the Protection of the Environment (INSAPROMA)
- The National Committee for the Fight against Climate Change (CNLCC)
- President of the Republic
- Minister of Environment and Natural Resources
- Minister of Energy and Mines
- Minister of Industry, Trade and MSMEs
- Director of the National Energy Commission
- Superintendent of the Superintendency of Electricity
- Vice President of the National Council for Climate Change and Clean Development Mechanism.
The Dominican Republic, as a developing island nation, faces significant risks stemming from climate change. Recent events, such as Hurricanes Franklin (2023) and Fiona (2022), as well as recurring floods in urban and agricultural areas, highlight the urgent need to implement adaptation measures.
The Dominican Republic has a humid tropical climate modified by its mountainous terrain and its island location in the Caribbean. Climate change is altering rainfall patterns in the country's main river basins, directly impacting the availability of drinking water. Climate variability and severe droughts are degrading fertile soils, jeopardizing local agricultural production and the country's food sovereignty.
Environmental organizations denounced that tax exemptions for highly polluting industries encourage the continuation of a fossil fuel matrix, shifting environmental costs (negative externalities) to the most vulnerable communities in the country.
International agreements/treaties
- Paris Agreement
- OC-32/25
- OC-23/17
- OC/9/87
- Case of García and family members vs. Guatemala
National laws
- Constitution of the Dominican Republic (Articles 61, 67 and 194)
- Hydrocarbons Law 112-00
- Law 1-12 of the National Strategy for General Development of the Environment
- Law 57-07
Beginning
- Principle of prevention