HomeArchiveNo Plans to Slow Enviro Tribunal’s Roll

No Plans to Slow Enviro Tribunal’s Roll

Last year for was big José Lino Cháves. After stepping in as the new president of the Environmental Tribunal – an administrative court of the Environment, Energy and Telecommunications Ministry (MINAET) – Cháves launched an unprecedented crackdown on illegal construction, particularly in coastal and tourist areas.

A lawyer with only a few years at MINAET, Cháves turned the court from an administrative wing of MINAET into perhaps the most aggressive government agency tackling environmental issues.

Despite political pressure, a break-in and death threats, Cháves and the tribunal conducted five high-profile surprise inspections targeting areas of the Pacific and Caribbean coasts. In less than 12 months, the Environmental Tribunal opened cases against 58 construction projects, hotels and luxury housing developments. Dozens were shut down or temporarily suspended while the court finishes its investigations and prepares its cases.

With cases piling up in the understaffed and bureaucratically challenged court’s inbox, Cháves told The Tico Times he has no plans of slowing down this year, and said reinforcements – increased budget, financial independence and new staff positions – are on the way.

“One alternative was to slow our pace this year to give us a chance to catch up. But what is lost? A delay in the cases because of a lack of personnel, or continued environmental damage in this country,” he said.

“Obviously the answer is that we cannot allow continued environmental damage. We have to be inflexible, and we have to go back out in the field.”

Cháves said his agency would carry out another five or six regional inspections this year. The regions, however, will not be announced until a few days before each set of inspections, he added.

The tribunal has been praised widely among environmentalists, academics and researchers at a time when President Oscar Arias’ government is facing increasingly caustic criticism for favoring development over environmental protection.

These accolades have not come just from the green camp, either. The weekly business paper El Financiero named Cháves their Public Figure of the Year in December (TT, Dec. 19, 2008).

“José Lino Cháves … is recognized for his effort since he assumed the post in January to attack and control the developments that negatively affect the natural environment in tourism areas,” said Yanancy Noguera, director of El Financiero.

In 2008, the tribunal opened 461 new cases, a 50 percent increase over the previous year, but is currently running on a total staff of 12 employees, including Cháves and the two other judges. Five of those officials – three lawyers and two engineers – are on loan from other institutions, and their availability to work on tribunal cases depends on their workload at their other jobs.

The average time to investigate and resolve a case, Cháves estimated, is about two years.

“Rulings are delayed because of the volume  of work. If we had more people, we would have more immediacy,” he acknowledged. “Currently we have this serous problem. We aren’t efficient enough to respond to the developers’ appeals, and that concerns us as well.”

Late last year, the court’s slow response time fueled protests from residents of the southern Pacific canton of Osa. Hundreds of locals blocked the Costanera coastal highway to complain that the Environmental Tribunal’s crackdown had left them out of work while the court slowly reviewed the projects under investigation.

The tribunal, however, agreed to a series of demands, including prioritizing the Osa cases, and is scheduled to return to meet with area leaders this month.

If all goes as planned, the court should receive reinforcements soon. MINAET’s 2009 budget creates nine new full-time staff positions for the tribunal, as well as providing additional funding.

“The new positions should make us more independent,” Cháves said.

In addition, he is expecting the Legislative Assembly to pass a bill in the coming months that would fortify the environmental court by moving its financial operations under the tribunal’s own control. Currently, all the court’s travel expenses must be approved in advance through the convoluted bureaucracy of MINAET.

Yamileth Mata, another judge with the tribunal, said the judges have had to pay out of their own pockets for gasoline, traval expenses, office supplies, and even registration for court vehicles because MINAET has held up funds for this year.

 

Trending Now

El Niño Peak Expected in December With Record-Warm Pacific Waters, WMO Warns

El Niño has not peaked yet. The WMO expects it to keep strengthening until around December as Pacific waters head for record heat.

Costa Rica’s Grecia to Get New Wyndham Hotel

Wyndham Hotels & Resorts has announced plans to open a 168-room hotel in Grecia, by 2028, bringing another international hotel brand to an area...

Rents in Costa Rica Outpace Inflation Nearly 10 to 1 but Leases Cap the Hit

Rents rose 3.27% in a year while inflation was 0.34%. Here is what the law lets your landlord charge mid-lease and at renewal.

Costa Rica’s OIJ Warns of Motorcycle Groups Blocking Roads and Attacking Drivers

Packs of motorcyclists performing stunts, blocking traffic and in some cases assaulting drivers who confront them have become a serious problem, an OIJ traffic crimes chief warned.

Francisco Cerúndolo Falls in Shanghai as Breakthrough 2026 Season Faces Another Test

Francisco Cerúndolo's run at the Shanghai Masters ended Sunday with a 6-3, 3-6, 6-2 loss to Czech player Jakub Menšík, bringing another early finish...

Prosecutors Probe Clearing on Protected Land Beside Montezuma Waterfall

Inspectors found trees cut and a hillside terraced on 6,564 square meters near Montezuma's waterfall, including public heritage land. The criminal case remains open.

Costa Rica’s Prison Population Hits Record Ahead of Mega-Prison Opening

Costa Rica held a record 21,173 adults in prison as of Oct. 7, up 42% since 2022, as the government prepares to open its 5,100-bed CACCO maximum-security prison.

Landslide Forces Closure of Costa Rica’s Road to Limon Again

Heavy rain triggered a landslide on Route 32 late last night, forcing authorities to close the mountain crossing used by drivers traveling between San...

First Tampa to Costa Rica Nonstop in 25 Years Is Now Flying Twice a Week

Tampa and Costa Rica are linked nonstop again for the first time in 25 years. Breeze's twice-weekly flights are now operating.
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel