Summary
Precautionary measures were presented to avoid the expansion of Charles Darwin Avenue by the municipal government of Santa Cruz, Galapagos Islands. In 2012, a group of 18 citizens filed a lawsuit for protective action to prevent construction, fearing it would disrupt business during the high tourist season. The claimants did not make an environmental argument and did not mention rights of nature. They made a procedural argument and argued the municipal government lacked the necessary environmental license for construction. The government of Santa Cruz argued that the decentralized rights of municipal governments allowed them to continue work to avoid tourism issues. The judge cited the rights of Nature enshrined in the constitution, agreed the municipality lacked the proper license, and he also ordered the suspension of the construction until the municipality conducted an environmental impact assessment that would guarantee that construction was carried out in a way that would protect species habitat in Academy Bay and the Marine Reserve. The judge cited the Vilcabamba case as precedent.