NGO et al. v. Ministry of Agriculture and Livestock

18-019039-0007-CO
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Costa Rica

Government or State Assessment Agencies, Environmental NGOs
NGO (?), Ministry of Environment and Energy
State
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Herbicide,
Suspension and cancellation of decree 39995 governing the authorization of pesticides
Constitutional Chamber of the Supreme Court (Sala Constitucional de la Corte Suprema), Costa Rica
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In February 2019, Bagaces NGOs filed an appeal before the Constitutional Chamber to annul Decree 39995 of January 16, 2017, issued by the Ministry of Agriculture and Livestock, which updates the regulations on active substances and complete formulations, on the grounds that it violates the precautionary principle and the right to a healthy environment enshrined in Article 50 of the Constitution.

The Ministry of the Environment and Energy (MINAE) has also submitted a report to the Constitutional Chamber requesting the immediate suspension of the decree pending its decision on the associations' appeal. According to MINAE, the decree violates the precautionary principle by exposing the population and the environment to pesticides that lack eco-toxicological studies. The Ministry of Health supports MINAE's position and has also pointed out the possible unconstitutionality of Decree 39995.