COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
5. Environmental Liability 5.1 Key Types of Liability
as a condition for maintaining or restoring the prop- erty’s environmental compliance. 5.3 Key Defences The applicable defences depend on the type of liabil- ity involved, whether civil, administrative or criminal. Common defences include: • force majeure or unforeseeable circumstances; • lack of causality; and • absence of intent or fault – meaning the defend- ant can demonstrate that the damage was not the result of intention, negligence or recklessness. However, in Costa Rica, environmental law also rec- ognises strict (objective) liability, meaning that it is not always necessary to prove fault or negligence. It is sufficient to establish a causal link between the dam- aging activity and the environmental harm. In such cases, defences based solely on the absence of fault are generally not applicable. If the harm was caused exclusively by a third party, this may be invoked as a defence. Nevertheless, where the environmental dam- age occurs on a specific property, the property owner may still be subject to restoration measures (such as reforestation obligations) even if they were not directly responsible for causing the harm. It is also impor- tant to note that, under Costa Rican environmental law, there is an inversion of the burden of proof. This means that the presumed polluter or responsible party must demonstrate that they did not cause the envi- ronmental damage. 6. Corporate Liability 6.1 Liability for Environmental Damage or Breaches of Environmental Law In Costa Rica, corporations have legal personality and therefore bear the same liability as any individual. They can be held liable and sanctioned under administra- tive, civil and, in certain cases, criminal law. As a gen- eral rule, only the corporate entity itself is responsi- ble; however, if it can be demonstrated that specific unlawful or harmful acts were committed or ordered by the company’s president or legal representative, that individual may also be held jointly (solidarity) lia- ble with the corporation.
In Costa Rica, liability for environmental damage or breaches of environmental law may arise under administrative, civil and criminal regimes, depending on the nature and severity of the violation. Authori- ties may impose administrative sanctions on opera- tors, landowners or permit holders who violate the permit regulations established. The civil code in Costa Rica establishes strict civil liability for environmental breaches, and this is closely linked to the “polluter pays” jurisprudential principle which establishes that any person or corporation responsible for environ- mental damages – whether intentional or not – must assume the costs of restoration or compensation for the damage caused. Liability applies to operators, landowners, concessionaires and polluters, regard- less of fault, and may be enforced through administra- tive or judicial proceedings. Affected parties, including the state or private individuals, may bring claims for compensation or restoration, and in many cases joint and several liability applies among responsible par- ties. 5.2 Liability for Historical Environmental Incidents or Damage In Costa Rica, liability for historical environmental incidents or damage is subject to statutory limitation periods that depend on the nature of the proceedings. From a civil law perspective, claims for environmental damage are generally subject to a ten-year statute of limitations. In the criminal sphere, environmental offences are typically subject to a three-year limitation period. Once these periods have elapsed, liability for past environmental harm cannot generally be imposed on a current or purchasing landowner or operator. However, it is important to note that administrative or restorative obligations may still apply to the current landowner if the property is found to be affected by prior environmental damage. In such cases, the com- petent authorities may order the execution of environ- mental restoration or mitigation measures, regardless of who caused the original harm. This means that, while the current owner may not be held personally liable for the historical acts, they may nonetheless be required to implement corrective or remedial actions
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