Summary
In 2017, nine people in Ecuador presented a public action of unconstitutionality against articles 86 and 136 of the Environmental Regulation of Mining Activities (RAAM). In 2021, the Constitutional Court agreed to hear their case. The plaintiffs argued that the articles, which involved modifications and diversion of watercourses, violated the precautionary principle and rights of nature because modifying or diverting the course of a river to carry out mining activities affects environmental sustainability and alters the chemical composition of the water, impacting the concentration of species in the river. The Constitutional Court accepted the public action of unconstitutionality, declaring articles 86 and 136 of the RAAM are unconstitutional for not observing the principle of legal reserve.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/inconstitutionality-of-the-mining-law/.
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