ENVIRONMENTAL SANCTIONING PROCEDURES
Lear n about the basic aspects of the environmental sanctioning procedures in Colombia
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.
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STAGES OF THE SANCTIONING PROCEDURES
Which action(s) should the alleged offender undertake in each of the stages?
PRELIMINARY INVESTIGATION
START OF ENVIRONMENTAL INVESTIGATION
FORMULATION OF CHARGES EVIDENCE PHASE
ANTICIPATED CLOSING OF THE PROCEDURE
DETERMINATION OF ENVIRONMENTAL LIABILITY
MOTION TO DISMISS CHARGES
APPEAL AGAINST THE DECISION THAT DENIES EVIDENCE
PENALTIES
APPEAL AGAINST THE DECISION THAT DECLARES THE ENVIRONMENTAL LIABILITY
Statute of limitations: 20 years
CONTACT
José V. Zapata Partner | Bogotá
+57.601.745.5940
jose.zapata@hklaw.com
Juan Israel
CasallasPartner | Bogotá
+57.601.745.5726
juan.casallas@hklaw.com