DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
10.4 Landmark Cases Several landmark environmental cases in the Domini- can Republic have strengthened the judicial protec- tion of natural resources and community rights. A sig- nificant example is El Naranjo v Barrick Gold (2025), where residents of Sánchez Ramírez challenged the expansion of a mining project, citing forced displace- ment, lack of prior consultation, and contamination of local water sources. The judiciary’s intervention emphasised the state’s duty to balance economic activity with environmental integrity and social rights. Another precedent-setting decision was issued by the Constitutional Court in Ruling TC/0458/21 (2021), which examined the legality of permits for extrac- tive operations in the Mar Palmarejo mine. The Court reaffirmed that no industrial activity may proceed in environmentally sensitive areas without complete and reliable environmental impact assessments, rein- forcing the preventative and precautionary principles established in Law 64-00. Together, these rulings reflect a growing judicial trend towards the following as essential components of environmental governance: • strict enforcement of environmental law; • increased scrutiny of government authorisations; and • recognition of citizen participation and community consultation. 11. Contractual Agreements 11.1 Transferring or Apportioning Liability In the Dominican Republic, parties may contractu- ally allocate environmental risks, including indemnity, guarantee, or hold-harmless clauses covering inci- dental damages or regulatory breaches. Such agree- ments are valid and enforceable between the parties, in accordance with the principle of freedom of con- tract recognised by the Civil Code. However, these agreements do not extinguish or limit liability toward the state, since Law No 64-00 on Envi- ronment and Natural Resources imposes a legal obli- gation of objective and joint reparation. Consequently,
Claims are generally heard before the ordinary civil courts, although when the damage involves admin- istrative acts (such as licences or permits), they may also be brought before the administrative litigation jurisdiction. 10.2 Exemplary or Punitive Damages The Dominican legal system does not expressly rec- ognise punitive or exemplary damages as an autono- mous concept within civil law. Compensation for envi- ronmental harm is governed by the principle of full reparation, aimed at restoring ecological balance and compensating affected parties. However, courts may increase the compensation amount when the dam- age results from intentional, fraudulent or repeated conduct, thereby incorporating an implicit deterrent function within the calculation of compensation or moral damages. In the criminal sphere, Law No 64-00 provides for aggravated fines and imprisonment based on the severity of the environmental harm, but such penal- ties are criminal, not civil in nature. Consequently, civil reparation for environmental damage in the Dominican Republic is compensatory and restorative, rather than punitive. 10.3 Class or Group Actions In the Dominican Republic, Law No 64-00 on Envi- ronment and Natural Resources expressly recognises collective or diffuse interest actions for the protection of the environment, establishing that any individual, association or public or private entity may initiate judi- cial proceedings to prevent, halt or remedy environ- mental harm affecting the community. Although the law does not establish a specific class action procedure similar to that of common law juris- dictions, in practice, collective claims are filed through environmental associations, foundations or duly regis- tered community groups representing common inter- ests. The Ministry of Environment and the Specialised Envi- ronmental Prosecutor’s Office may also initiate civil or criminal actions in defence of the public environmental interest.
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