An empirical study of EIA litigation involving energy facilities in Chile and Colombia
In Latin America, as elsewhere, environmental and participatory rights have been expanding, and EIAs have been central to those efforts. In response, litigation against EIAs has increased as communities turn to the courts to exercise these rights, raising fears among developers that costs associated...
- Autores:
- Tipo de recurso:
- Fecha de publicación:
- 2019
- Institución:
- Universidad del Rosario
- Repositorio:
- Repositorio EdocUR - U. Rosario
- Idioma:
- eng
- OAI Identifier:
- oai:repository.urosario.edu.co:10336/23949
- Acceso en línea:
- https://doi.org/10.1016/j.eiar.2019.106311
https://repository.urosario.edu.co/handle/10336/23949
- Palabra clave:
- Economics
Renewable energy resources
Chile
Colombia
Empirical studies
Fundamental tools
Judicialization
Litigation
Recent researches
Renewable energy source
Laws and legislation
Civil society
Economic growth
Empirical analysis
Environmental impact assessment
Facility location
Chile
Colombia
Latin America
Chile
Colombia
Energy facilities
Judicialization
Litigation
- Rights
- License
- Abierto (Texto Completo)
| Summary: | In Latin America, as elsewhere, environmental and participatory rights have been expanding, and EIAs have been central to those efforts. In response, litigation against EIAs has increased as communities turn to the courts to exercise these rights, raising fears among developers that costs associated with EIAs and resulting litigation are excessive and a deterrent on economic growth. In many jurisdictions, including Chile and Colombia, these fears have prompted reforms to streamline EIA procedures. This study empirically examines the frequency and results of litigation against EIAs in Chile and Colombia for developers, communities, and state agencies. We compiled two databases of litigation against energy facilities that received EIA licenses between the 1990s/2000 (when EIAs were first required) and 2016. Because some, but not all, energy facilities are contested, this sector is ideal for examining litigation trends. Using descriptive and cross-tabular statistics, our analysis echoes recent research that finds that few EIAs are litigated in court. Litigation is a fundamental tool for civil society organizations seeking to safeguard environmental and participatory rights, although the number of cases invoking these rights remains smaller than for other reasons. Practices across Chile and Colombia differ regarding what kinds of cases individuals bring and the rate at which courts accept cases brought by civil society organizations or corporations. Past litigation trends also suggest that a shift towards renewable energy sources could lead to a decrease in litigation. © 2019 |
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