ENVIRONMENTAL SANCTIONING PROCEDURES
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Learn about the basic aspects of the environmental sanctioning procedures in Colombia
STAGES OF THE SANCTIONING PROCEDURES WHAT IS AN ENVIRONMENTAL SANCTIONING PROCESS? It is an administrative process in which environmental authorities investigate the alleged commission of an environmental infraction.
PENALTIES penalty by environmental authorities; however, the law also allows the imposition of non-pecuniary penalties such as the revocation of the environmental license or permit.
How can the penalties be reduced?
LEGAL SERVICES Holland & Knight provides legal and strategic advice through the different stages of the environmental sanctioning process, e.g., in the draft of the motion to dismiss the charges, in the draft of the appeal against the resolution that denies evidence and/or the resolution that decides on the environmental liability, among others. Holland & Knight has extensive experience regarding the penalties which are regularly imposed by Colombia´s environmental authorities considering the different types of environmental infractions.
Which action(s) should the alleged offender undertake in each of the stages?
PRELIMINARY INVESTIGATION
ANTICIPATED CLOSING OF THE PROCEDURE
START OF ENVIRONMENTAL INVESTIGATION
FORMULATION OF CHARGES
EVIDENCE PHASE
MOTION TO DISMISS CHARGES
APPEAL AGAINST THE DECISION THAT DENIES EVIDENCE
DETERMINATION OF ENVIRONMENTAL LIABILITY
PENALTIES
APPEAL AGAINST THE DECISION THAT DECLARES THE ENVIRONMENTAL LIABILITY
Statute of limitations: 20 years
CONTACT José V. Zapata
Juan Israel Casallas
Partner | Bogotá +57.601.745.5940 jose.zapata@hklaw.com
Partner | Bogotá +57.601.745.5726 juan.casallas@hklaw.com
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