Environmental Impact Assessments, Wildlife, Civil, Jurisdiction, Permits

The Supreme Court is asked to review the previous judgement of judge of the 7th First Instance Civil and Commercial Court.

The First Instance Court declared the unconstitutionality of resolutions number 25/94, 64/94, 70/94 of the Municipal Board of San Bernardino that authorized the asphalting of San Bernardino’s roads. The resolutions infringe the Constitution because they authorize the asphalting without a previous Environmental Impact Assessment process. The First Instance Court determines that the asphalting of the road can radically change neighbours’ lives and therefore, it is absolutely necessary to develop an Environmental Impact Assessment in order to determine the possible impacts of these actions. The construction of roads can modify the natural environment of the neighbourhood and it is susceptible to undermine the natural, aesthetic and cultural values of the neighbourhood. Furthermore, the judgement of the First Instance Court establishes that the Environmental Impact Assessment needs the previous authorization of the Direction of Parks and Wildlife, which belongs to the Ministry of Agriculture and Cattle.

The Supreme Court does not accept the appeal and confirms the judgement of the First Instance Court.