The Constitutional Chamber has mandated the National System of Conservation Areas (SINAC) to intervene in ongoing works affecting mangroves and wetlands in the Lagarto River estuary at Sámara Beach, Guanacaste. This directive was issued in the court’s latest ruling. The court upheld a writ filed against the Ministry of Environment and the Municipality of Nicoya, citing the elimination of marine ecosystems in ecologically sensitive areas that are part of the State’s Natural Heritage.
According to the plaintiff, despite community awareness of these activities, authorities have failed to implement measures to recover and protect these valuable resources. The appeal was filed on February 6 against the Ministry of Environment and Energy (Minae) and the Municipality of Nicoya. It stemmed from SINAC’s lack of response to an environmental complaint lodged on April 8, 2022, which requested information, corrective actions, and the delimitation and restoration of affected areas.
The claimant stated, “Both SINAC and the municipality have neglected their environmental obligations, particularly regarding wetland restoration and adherence to the Principle of Irreducibility. The inaction of competent authorities has led to despair, as we doubt SINAC’s ability to implement ecological restoration measures or respect the Principle of Irreducibility in this environmentally fragile area.”
SINAC contended that the Sámara Beach-Río Lagarto area has faced longstanding issues, complicating the identification and classification of wetlands. In response, the Constitutional Court has ordered SINAC to provide a definitive solution within the next 12 months. Additionally, the State must cover costs and damages.
The ruling, under file No. 24-003134-0007-CO, directs, “David Chavarría Morales, acting executive director, and Nelson Marín Mora, regional director of the Tempisque Conservation Area (ACT), both of SINAC, are ordered to: a) adopt and take necessary actions to provide an appropriate response to the appellant’s complaint within one month of this sentence’s notification, and inform him of the decision.”
This court order marks a significant step towards addressing environmental concerns in the Sámara Beach area, putting pressure on relevant authorities to take swift and decisive action to protect Costa Rica’s natural heritage.
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