Individual v. Government of Costa Rica

In December 2024, the plaintiff filed an Amparo Lawsuit before the Constitutional Chamber of the Supreme Court of Costa Rica, alleging that the Executive Branch and the National Environmental Technical Secretariat (SETENA) have omitted to include the evaluation of climate impacts in the Environmental Impact Assessment (EIA) procedures. The plaintiff argued that Executive Decree 43898-MINAE-S-MOPT-MAG-MEIC of December 21, 2022, which regulates environmental assessment in the country, is unconstitutional because it does not include the obligation to assess the climate risks and climate impacts of proposed projects, nor does it establish climate change mitigation or adaptation measures. The main argument is that this omission violates the right of present and future generations to a safe climate within the right to a healthy and ecologically balanced environment, which is incompatible with international standards and commitments, such as the Paris Agreement and the UNFCCC. The plaintiff requested the Court to order the State to include climate change in the EIA and review projects in process under this new criterion. The Constitutional Chamber admitted the lawsuit 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 alleged facts. The decision is pending.