Summary
Ivon Maria Zambrano Ordoñez filed a writ of protection on behalf of Mother Earth (Pachamama) and the citizens of the Flavio Alfaro canton, due to the environmental contamination of the Pescadillo River and air pollution in the Canton of Flavio Alfaro. The plaintiffs claimed that “to date, all the measures implemented have failed to provide effective and timely protection to address the environmental impact and pollution of the Pescadillo River and the air we breathe. Therefore, this ordinary action for protection is filed, alleging that the rights of nature, health, water, and a healthy environment have been violated.”
On July 24 2015, a formal request was sent to the mayor of the Flavio Alfaro canton to initiate a dialogue regarding the impact on the citizens caused by sewage entering the Pescadillo River and the collapse of sewers in this canton. On July 28, a dialogue was held with Mayor Eduardo Cedeño, and in his resolution, he stated that he is committed to fixing the sewer system and they would work together to implement a master plan. The plaintiff claimed that since then, nothing was done to address the environmental pollution. Furthermore, on March 20 2018, the municipality of Flavio Alfaro, aware of the problem, declared a state of emergency regarding the sewage system and the Pescadillo River.
The plaintiff cited local legislation, including a municipal ordinance on the protection of the canton’s watersheds and the Organic Environmental Code, which guarantees the right to live in an ecologically balanced environment, and to protect the rights of nature for Buen Vivir or Sumak Kasway.
On April 18 2019, based on the reports and evidence provided by the plaintiff, the municipal court determined that the discharge of rainwater and wastewater from the canton is harmful, and that tests showed the environment is contaminated. The judge ruled that the Municipal Government of the Cantón Flavio Alfaro must implement a wastewater treatment plan. Despite the court ruling, until 2020, the pollution persisted and complaints continued regarding the lack of response from the authorities.
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/river-and-air-pollution-case-in-the-flavio-alfaro-canton/.
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