DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
Natural Resources grant extensive standing to bring actions for pollution or environmental harm. The following parties may initiate civil, administrative or criminal actions: • natural or legal persons affected; • legally recognised environmental associations and foundations; • municipalities and other state bodies acting in defence of the collective interest; • Ministry of Environment and Natural Resources (MIMARENA); and • Specialised Environmental Prosecutor’s Office (PEDMA). There is no requirement to prove direct or personal interest, as environmental damage is treated as a diffuse and collective right. Actions may be brought against the polluter, landowner or occupant, and this broad standing facilitates citizen participation and the effective protection of the environment. 12.5 Investigating Environmental Accidents The investigation of environmental accidents in the Dominican Republic is carried out through an admin- istrative and technical procedure co-ordinated by the Ministry of Environment and Natural Resources (MIMARENA), with support from the National Envi- ronmental Protection Service (SENPA). The process combines immediate control actions, administrative investigation, and, when applicable, civil or criminal prosecution. • Notification and initial response – The project holder or any person who becomes aware of the incident must immediately notify MIMARENA. The authority conducts an urgent inspection to assess the magnitude of the event and determine if it pos- es an imminent risk to health or the environment. • Technical inspection – Environmental inspectors collect samples, document findings, identify sourc- es and verify compliance with the environmental authorisation conditions. • Determination of responsibility – Based on the technical report, the Ministry determines the cause, responsible parties and extent of the damage, and
initiates, if applicable, an administrative sanctioning procedure with due process rights. • Remediation and co-ordination – The responsible party must prepare and implement an environmen- tal restoration plan, approved and monitored by MIMARENA, which may co-ordinate with the Emer- gency Operations Centre (COE) in cases involving risks to public health or safety. If serious damage or negligence is confirmed, an administrative sanctioning file is opened, without prejudice to referral to the Public Prosecutor’s Office for criminal action. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws The Dominican Republic is a party to the main inter- national instruments on climate change, including the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement, through which it committed to reducing emissions and strengthening the resilience of its eco- systems and communities. These commitments are implemented via the Nationally Determined Contribu- tion (NDC 2022–2030), which sets a 27% emission reduction target and adaptation measures in sectors such as energy, water, agriculture and tourism. Domestically, the Constitution and Law No 64-00 on Environment and Natural Resources establish the principles of precaution, prevention, sustainability and shared responsibility, while the National Climate Change Policy (PNCC) and the National Develop- ment Strategy 2030 (Law No 1-12) guide state action towards a low-carbon development model. The National Council for Climate Change and the Clean Development Mechanism (CNCCMDL) co- ordinates national policies and financing, supported by instruments such as the Green and Social Tax- onomy (2023) and the issuance of sovereign green bonds (2024–2025), consolidating a transition towards a sustainable and climate-resilient economy.
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