Panama’s Supreme Court Will Not Allow the Suspension of the Environmental Impact Study of Puerto Barú

The Supreme Court of Justice, through the Third Chamber of Administrative and Labor Litigation, has not admitted the request for provisional suspension of the effects of Resolution No. DEIA-IA-0003-2024, of the Ministry of Environment, that approved the environmental impact study (EIA) of Puerto Barú, in the province of Chiriquí.  The lawsuit was filed on September 5, 2024 by attorney Joana A. Abrego García, acting on behalf of various organizations, including the Panama Environmental Advocacy Center (CIAM) and Adopta el Bosque Panama, among others.  Environmental organizations were calling for the resolution approving the environmental impact study for the Puerto Barú project, located 20 kilometers from the center of the city of David, in the province of Chiriquí, to be declared null and void due to being illegal.  The plaintiffs claim that the approval of the environmental study was based “on a simulation of public consultation, without the Ministry of the Environment ever considering the comments submitted by the citizens.” They also point to nine other alleged violations of Panamanian law due to irregularities in the evaluation of the study and the potential effects of the project on the natural environment, since that area “represents a vital buffer zone and refuge for benthic fauna”.  The Court’s decision was made known through issue 3556, in which it is specified that the Chamber determined that the provisional suspension of the resolution of the Ministry of the Environment that approved the environmental impact study of Puerto Barú is not appropriate. 

Above is the artists rendition of what this port may look like when complete. The EIA was approved by the Ministry of the Environment (Miambiente) and involves dredging for the construction of a 31-kilometer canal deep enough for the navigation of ships for the transfer of goods, hydrocarbons and people within a protected area that contains 25% of the mangrove surface area of ​​the entire country.  The Miambiente resolution, signed by the then Minister Milciades Concepción, dated January 16, 2024, approved the EIA Category III, called Puerto Barú project, with all the measures contemplated in the aforementioned study.  For Joana Abrego, legal manager of the Environmental Advocacy Center and representative of the plaintiff organizations, “the Supreme Court has made a terrible decision for the mangroves of David.”  According to Abrego, provisionally suspending the Environmental Impact Study would have guaranteed that these ecosystems were protected as a precautionary measure, while the Court determined whether the approval of the EIA was legal. “This was particularly necessary because the resolution approving the EIA does not comply with one of the basic contents established by the applicable regulation, the weighting by the authority of the results of the public consultation,” he said.  He added that “the good news is that this is only an accessory decision.

The project promoters coordinated meetings with community representatives and institutions in the province of Chirquí

The Court still has the opportunity to protect these ecosystems if it quickly admits and substantiates the lawsuit, filed four months ago, before several permits necessary for the construction of the port are issued.”  He explained that more than 50 organizations have joined together to demand the protection of the David mangroves: “Independent experts have confirmed the potential impacts of the project. We will continue to raise our voice to preserve the natural heritage of future generations.  The Court’s decision was made known through issue 3556, in which it is specified that the Chamber determined that the provisional suspension of the resolution of the Ministry of the Environment that approved the environmental impact study of Puerto Barú is not appropriate.  The EIA was approved by the Ministry of the Environment (Miambiente) and involves dredging for the construction of a 31-kilometer canal deep enough for the navigation of ships for the transfer of goods, hydrocarbons and people within a protected area that contains 25% of the mangrove surface area of ​​the entire country.  The Miambiente resolution, signed by the then Minister Milciades Concepción, dated January 16, 2024, approved the EIA Category III, called Puerto Barú project, with all the measures contemplated in the aforementioned study.  For Joana Abrego, legal manager of the Environmental Advocacy Center and representative of the plaintiff organizations, “the Supreme Court has made a terrible decision for the mangroves of David.”  According to Abrego, provisionally suspending the Environmental Impact Study would have guaranteed that these ecosystems were protected as a precautionary measure, while the Court determined whether the approval of the EIA was legal.

According to the model, Puerto Barú would have 500 meters of dock and could be extended to reach 850 meters.

“This was particularly necessary because the resolution approving the EIA does not comply with one of the basic contents established by the applicable regulation, the weighting by the authority of the results of the public consultation,” he said.  He added that “the good news is that this is only an accessory decision. The Court still has the opportunity to protect these ecosystems if it quickly admits and substantiates the lawsuit, filed four months ago, before several permits necessary for the construction of the port are issued.”  He explained that more than 50 organizations have joined together to demand the protection of the David mangroves: “Independent experts have confirmed the potential impacts of the project. We will continue to raise our voice to preserve the natural heritage of future generations.” Puerto Barú, defined as a multipurpose port, is a 100% private initiative, from American investors and built on private land at an estimated cost of $250 million. Its infrastructure includes the construction of a commercial dock on an extension of 500 meters of land and a tourist dock on another 300 meters.  According to company representatives, the project’s environmental impact study was the result of four years of research and analysis, under a green logistics model, in which all consultations were made, including with the community.  The project is intended to revitalize the economy of the western region of the country and is expected to create 1,200 direct jobs during its construction, while around 1,000 direct jobs will be generated during the operation phase.