Environmental law
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Entradas en "Environment"

The continuation of the climate change agreement

The World Bank and the International Monetary Fund Annual Spring Sessions were held in April in Washington DC during which different topics were developed including climate change. UN General Secretary, Ban Ki-Moon, was part in several events during the meetings along with World Bank President, Jim Yong King, and the Head of IMF, Christine Lagarde. (more…)

The importance of oceans in climate change

We cannot underestimate the importance of oceans in the world and, least of all, think that because of its abundant surface on Earth we will have enough so as to keep abusing them. Knowing full well that they supply 50% of oxygen, food and means of life of millions of people, oceans have become the most important spaces and habitats due to global thermal and atmospheric regulation, being, at the same time, significant tools to fight the effects of climate change. To sum up, oceans are a fundamental ally against the development of climate change and we must do everything possible to protect them. (more…)

Public hearing of environmental standards of air quality

A standard for pollutants emissions control from fixed and mobile sources

In recent days the public hearing of the environmental standards of air quality was conducted, a session in which the players involved were the Ministry of Energy and Mines, Ministry of Public Works and Communications, the Dominican Institute for Quality –INDOCAL–, the Dominican Petroleum Refinery, the Dominican Barrick Gold and monitoring companies of environmental quality.

This proposed standard would replace –if approved– the NA-AI-001-03 standard. Its aim is to establish the maximum concentration values ​​of air pollutants allowed in order to ensure human health and the environment. It simultaneously introduces the following Articles 4, 5, 5.1, 5.2, 6 and 6.1. (more…)

More than 20 years for the signing of agreement on climate
clima

Are there really conditions and will to address climate change?

After spending more than two decades of climate summits, including the Earth Summit and the Kyoto Protocol, and twelve months of intense diplomatic efforts to reach a climate agreement, finally, since mid-December 2015, one of the most important achievements of the UN was that in Paris 195 countries agreed and signed a pact in favor of climate.

Faced with the constant threat of climate change for humanity itself and for the planet, the chief executives, international organizations, specialized organizations, investors and entrepreneurs and acknowledged pokesperson on this topic, among others, have gradually been showing great concerns over the issue of greenhouse gases. (more…)

What types of liabilities can arise where there is a breach of environmental laws and/or permits, and what defences are typically available?

When an individual or a company does not comply with environmental laws or authorisations, it can result in civil, administrative and/or criminal liability, depending on the fault committed.
The GLENR sets forth environmental liability by including the strict liability principle whereby the classic exclusions in liability clauses are not applied to environmental civil liability. Legal responsibility arises from the production of the damage itself. This doctrine establishes that anyone who causes damage to the environment and natural resources will be liable for it and will have to restore it to its previous condition. [Article 169 of the Environmental and Natural Resources General Law 64-00. If that is not possible, additional compensation will apply. Administrative liability has become the most frequent type of liability when a breach of environmental laws and or permit takes place. (more…)

Draft Organic Law on Land-use Planning

The growth of the Dominican population and its economic activities in recent decades have taken place inside a framework that lacks planning, organization and even an appropriate use of the country’s territory. As a result, land use has developed with complete disregard of our morphological conditions and urban growth, ignoring any potential climate and environmental vulnerabilities. (more…)

Pope Francis’ encyclical on climate change

The Pope calls upon urgent actions to preserve and optimize both the environment in which we live in and the quality of human life In the Laudato Si’ —Praise Be To You— Encyclical, the Pope condemns the weakness of reaction of international political stakeholders and the economic interests involved in tackling the defense of the environment, and calls for a “courageous cultural revolution” to save our ecosystem. (more…)