COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
or legal, may bring an action in defence of the envi- ronment, even if they are not directly or individually affected by the damage. This principle is reinforced by the Biodiversity Law, which establishes a popular action allowing any person to initiate administrative or judicial proceedings for the protection and restoration of biodiversity and the environment. In such cases, the claimant only needs to demonstrate a reasonable and sufficient interest, such as the existence of a collective or supra-individual environmental concern. However, when the claim also seeks compensation for individual or property damage, the right to file such an action lies exclusively with the directly affected party, who must demonstrate a specific subjective right that has been harmed. This person therefore holds dual standing: one derived from the collective environmental interest and another from their individual right that has been infringed. 12.5 Investigating Environmental Accidents When an environmental complaint is filed with the National System of Conservation Areas (SINAC), the process begins with an on-site inspection to verify the facts reported. SINAC officials conduct field visits and technical assessments to determine whether the activity or incident violates environmental regulations. If the inspection confirms a potential violation, SINAC may refer the case to the Environmental Administra- tive Tribunal (TAA) for the initiation of an administra- tive sanctioning process or forward it to the Environ- mental Prosecutor’s Office when there is evidence of a possible environmental crime, for further criminal investigation. Similarly, when pollution cases (such as contamination of water, soil or air) are reported to the Ministry of Health (MINSA), its officials carry out technical inspections and analyses to determine the source and severity of the contamination. If a breach of environmental or sanitary law is confirmed, the Ministry may order corrective measures and impose administrative sanctions. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws Costa Rica’s climate change legislation is structured within a comprehensive legal framework that com-
bines international commitments and national laws. Key instruments include: • a Law that approves the United Nations Frame- work Convention on Climate Change (UNFCCC), which ratifies the Paris Agreement; and • the Organic Environmental Law, which establishes the guiding principles for environmental manage- ment and the state’s duty to ensure sustainable development. At the policy level, the country has adopted the National Climate Change Adaptation Policy, which directs institutional and sectoral actions aimed at reducing vulnerability and strengthening resilience to climate impacts. Recently, a bill has been introduced in the Legislative Assembly to incorporate climate change management within the competencies of local governments, with the objective of enhancing territo- rial climate governance and promoting mitigation and adaptation measures at the local level. 13.2 Targets to Reduce Greenhouse Gas Emissions Costa Rica has established ambitious policy and legal targets to reduce greenhouse gas emissions, aligned with its commitment to achieving carbon neutrality. The country’s main framework is the National Decar- bonization Plan 2018–2050, which sets the long-term goal of achieving net-zero emissions by 2050. This plan outlines ten strategic axes focused on trans- forming key sectors towards low-emission models, including: • energy; • transportation; • waste management; and • agriculture. Additionally, under the Paris Agreement, Costa Rica has submitted Nationally Determined Contributions (NDCs) that include specific targets to reduce GHG emissions. These goals are further supported by the Climate Change Directorate under the Ministry of Environment and Energy (MINAE), which oversees the implementation of mitigation and adaptation strate- gies, ensuring compliance with both national and international commitments.
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