Costa Rica
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and the Board of Directors of the Costa Rican Petroleum Refinery (RECOPE) a certified digital copy of eight sets of historical documents related to hydrocarbon potential and exploration in Costa Rica. The requested information included technical studies financed by the World Bank (1988), complete administrative files for concessions granted to companies such as MKJ Xploration Inc., Harken Costa Rica Holdings, Mallon Oil Company, and Black Hills Corporation, and various geological and geophysical analyses conducted between 1985 and 1995.
Although RECOPE reported on June 29, 2023, that all petroleum documentation in its possession had been transferred to MINAE, the latter ministry did not provide a response or access to the files. Given this institutional omission, the appellant filed an appeal for protection of constitutional rights on August 21, 2023, alleging a violation of her constitutional right to access information.
The Minister of Environment and Energy justified the lack of timely delivery with the following arguments:
- The request originated from a private energy policy proposal by the Costa Rican Union of Chambers and Associations of the Private Business Sector (UCCAEP), which was separate from the official government agenda.
- The requested documents correspond to old files (mainly from the 1980s) stored in more than 84 physical boxes, so they were not digitized.
- A thorough and prior review was required to avoid the disclosure of trade or financial secrets of private companies, in accordance with article 273.1 of the General Law of Public Administration.
On September 7, 2023, through a letter notified late and after the protection was admitted, MINAE made the physical files available to the applicant for review and possible photocopying at the expense of the interested party.
Based on the foregoing, the Constitutional Chamber declared the appeal admissible and strengthened its decision on the following fundamental principles:
Principle of Administrative Transparency: Article 30 of the Political Constitution of Costa Rica establishes transparency as the general rule in public administration. The only legitimate exceptions to restricting access are expressly declared state secrets or the protection of sensitive data under the right to privacy.
Inadmissibility of Logistical Excuses: The volume, age, or physical and organizational complexity of institutional archives were not considered valid reasons to deny or unduly delay the delivery of information of public interest.
Duty to Dissociate Data: In the event that a file contains confidential or legitimate commercial items, the Public Administration has the technical obligation to redact, dissociate or delete such specific data and deliver the public portion of the document, instead of denying access to the entire file.
Insufficiency of Responses After the Amparo: The late offer to allow the physical consultation of the documents once the appeal has been filed does not remedy the original constitutional violation, since it does not satisfy the delivery method (certified copy) formally required by the applicant.
On September 29, 2026, the Constitutional Chamber of the Supreme Court of Justice granted the appeal for protection of constitutional rights and ordered the Minister of Environment and Energy to provide the Quantum Foundation with the requested certified copies within a non-extendable period of ten business days, as well as to carry out the necessary redactions to safeguard sensitive personal data or strictly restricted commercial information. It also ordered that the costs of the copies and the corresponding tax stamps be borne by the interested party, condemning the State to pay the costs, damages, and losses caused, to be determined through administrative litigation.
The case presents a climate dimension linked to access to public information regarding the exploration and potential exploitation of hydrocarbons in Costa Rica. Although the immediate objective of the amparo action is to protect the constitutional right of access to information, the requested documents have environmental and climate relevance because they refer to fossil energy resources and administrative and technical records that may influence the formulation and evaluation of national energy policy.
Historical information on hydrocarbon potential, exploration, and concessions in Costa Rica, particularly geological and geophysical studies and records from oil companies, is relevant because hydrocarbons are fossil fuels whose extraction, processing, and subsequent use generate greenhouse gas emissions, primarily carbon dioxide (CO₂). Therefore, understanding the history of oil exploration allows for an analysis of the relationship between hydrocarbon exploration and eventual exploitation, the availability and use of fossil fuels, and consequently, greenhouse gas emissions and their impact on climate change.
Access to this information strengthens transparency, citizen participation, and social oversight of public decisions related to activities that potentially generate greenhouse gases. Consequently, the climate dimension of the case manifests itself primarily as a matter of governance, transparency, and access to environmental information, and not necessarily as a direct claim for damages resulting from climate change.
In the Costa Rican context, the issue is particularly significant because the country has developed a public policy characterized by a strong participation of renewable sources in electricity generation and by commitments to decarbonize its economy.
- Quantum Foundation.
- Ministry of Environment and Energy (MINAE)
- Costa Rican Petroleum Refinery (RECOPE)
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.
In Costa Rica, land-use planning and environmental management are based on a Right to a Healthy and Ecologically Balanced Environment, although they face challenges of institutional coordination and the challenge of guaranteeing territorial governance based on public access to information.
Despite its ambitious environmental policies and international commitments, the country faces challenges in integrating the climate variable into its environmental management instruments, such as Environmental Impact Assessment (EIA).
There is a gap between successful strict forest conservation policies and the lack of comprehensive land-use planning and conservation at the spatial development level.
The overlap of functions between municipalities and state entities generates environmental conflicts and duplication of efforts.
National laws
- Political Constitution of Costa Rica
Beginning
- Principle of access to information
- Principle of maximum publicity
- Principle of Prevention