On May 9, 2023, a group of six citizens and three NGOs (Colectivo de Abogados José Alvear Restrepo, Censat Agua Viva and Polen Transiciones Justas) filed a lawsuit before the Adminsitrative Tribunal of Cundinamarca (the Tribunal) seeking the declaration of non- compliance by the Ministry of Environment and Sustainable Development and the Ministry of Mines and Energy of their obligations under Law 1931 of 2018 (art. 2 num. 7 and 8; art. 7 num. 1, 2, 3 and 5; art. 17, art. 18 and art. 31) and Law 2169 of 2021 (art. 6 num. 17; art. 13; art. 16).

On one hand, the 2018 climate action law, as it is also known, establishes guidelines for climate action in Colombia. The statute’s main goals are to put forth climate change adaptation measures, mitigate greenhouse gas (GHG) emissions, reduce the population’s and ecosystem’s vulnerabilities and promote a just transition towards decarbonization. On the other, Law 2169 of 2021 establishes a baseline of minimum goals and measures of carbon neutrality and climate resilience with the aim of promoting a development low in carbon emissions.

Plaintiffs argue that both ministries have failed to promote the inclusion of climate and environmental-related impacts in management, development, planning and monitoring instruments of coal exploitation, extraction, transportation and burning, particularly large-scale mining projects. Similarly, ministries have failed to adopt the necessary measures to prevent risks generated by coal exploitation and to monitor the implementation of action programs, particularly those related to climate change action. Plaintiffs assert that there is a general lack of standards and compliance indexes that would allow to evaluate the efficacy of the measures taken by the government. They claim that the government has failed to gather crucial information regarding the increase of climate vulnerability and the quantification of emissions derived from the coal supply chain.

On July 6, 2023, the Tribunal decided to partially accept the plaintiffs’ claims. The Tribunal found that article 2 of Law 1931 of 2018 was outside the lawsuit’s scope, given that this article includes guiding principles and does not establish a concrete obligation or mandate susceptible of compliance. Moreover, the Tribunal found sufficient evidence that the Ministry of Mining and Energy had indeed complied with its obligations under articles 7 (num. 1 and 3) of Law 1931 of 2018, related to the creation of guidelines to ensure compliance of greenhouse gas (GHG) emissions reduction goals, as well as monitoring, within its functions, the development programs related to climate action. Finally, the Tribunal confirmed that the Ministry of Environment and Sustainable Development had complied with article 7 (num. 5), that concerns with updating the inventory of GHG and informing its progress.

However, the Tribunal declared the non-compliance by the Ministry of Environment and Sustainable Development of article 7 (num. 2 and 3), article 17 and article 31 of Law 1931 of 2018, as well as article 6 (num. 17), article 13 and article 16 of Law 2169 of 2021. As per the Ministry of Mining and Energy, the Tribunal declared the non-compliance of article 7 (num. 5). These articles refer to mechanisms and studies that were meant to be implemented since the issuance of the laws and have yet to be formulated, adopted and implemented, particularly those concerned with coal exploitation and supply chain. In particular, the Tribunal ordered the: (i) identification of climate impacts within the Environmental Impact Assessments of mining projects; (ii) information gathering to update GHG inventory by the Ministry of Mining and Energy; (iii) implementation and monitoring of climate action plans; (iv) creation of more specific control and monitoring processes to verify GHG emissions and its reductions; (v) inclusion in climate action plans of specific goals and measures to mitigate climate change; and (vi) mandatory report of GHG by public and private parties. The tribunal imposed a six-month deadline and ordered the defendants to submit monthly reports of the actions taken to comply.

Lastly, arguments against article 18 were dismissed due to res judicata, according to the precedent set in Office of the Inspector General and Others v. Ministry of Environment and Sustainable Development and Others.

On July 13, 2023, both the plaintiffs and the defendants filed appeals. The case will now be heard by the Council of State.

Citizens and NGOs v. Ministry of Environment and Sustainable Development and Ministry of Mines and Energy

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Citizens and NGOs v. Ministry of Environment and Sustainable Development and Ministry of Mines and Energy - judgment

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Citizens and NGOs v. Ministry of Environment and Sustainable Development and Ministry of Mines and Energy - judgment

Target

Policy instrument

Risk

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance