"Standing" in DR Suits Involving the Environment

Keith R

"Believe it!"
Jan 1, 2002
2,984
36
48
www.temasactuales.com
Fabio, in some Latin American nations, for a citizen to gain "standing" in court proceedings on environment issues, he/she must show a personal stake in the case's outcome -- that he/she has suffered or may suffer "harm" because of an environmental condition. In Brazil, "standing" is broader and basically any interested citizen can file a suit, but NGOs cannot on behalf of "the public interest" (NGOs can, however, petition the Public Ministry to intervene on behalf of the public interest, but that is another issue altogether). In the US, some federal statutes give broad access to both individuals and NGOs, but where specific mention is lacking in a statute, the court is free to limit standing to those personally affected.

What is the case currently in the DR? Is there any provision in Law 64-00 or the revised Penal Code on this? Would the bill now in Congress proposing the creation of a special environment court change this in any way?
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
See Articles 178 to 182 of Law 64-00.

Any person or association may denounce or file a complaint. However, the active role goes to those who have suffered harm or to the government authorities. Others may intervene in the process and provide evidence.
 

Keith R

"Believe it!"
Jan 1, 2002
2,984
36
48
www.temasactuales.com
But they cannot sue on behalf of the public, as they can in the US, Argentina, Brazil or Mexico? Standing is limited only to the government and those proving direct harm in civil liability cases?
 

Keith R

"Believe it!"
Jan 1, 2002
2,984
36
48
www.temasactuales.com
Keith R said:
But they cannot sue on behalf of the public, as they can in the US, Argentina, Brazil or Mexico? Standing is limited only to the government and those proving direct harm in civil liability cases?
You not going to answer, are you, Fabio? :tired: