Environmental Law 2025 Comparisons

Costa Rica has a comprehensive legal framework for environmental protection, which is expressly recognised in its Political Constitution. Article 50 establishes the state’s duty to ensure every person’s right to a healthy and ecologically balanced environment. This provision was recently amended to include the inalienable human right to access safe drinking water, recognising water as a national asset essential to safeguarding human rights. Key laws include the following:

• Water Law;
• Forest Law;
• Organic Environmental Law;
• Biodiversity Law;
• Wildlife Conservation Law;
• Integrated Waste Management Law; and
• Law for the Rational Use of Energy.

Costa Rican environmental legislation also incorporates fundamental legal principles such as:

• the precautionary principle;
• in dubio pro natura;
• public environmental interest; and
• the principle of integration.

These have been further developed through judicial decisions, resulting in a broad and coherent framework of environmental law and governance.

The authority responsible for the formulation, and enforcement of environmental policies in Costa Rica is the Ministry of Environment and Energy (MINAE). Some of the specialised institutions that contribute to the implementation and monitoring of environmental regulations within MINAE are:

• the National System of Conservation Areas, which manages protected areas, forest resources and wildlife conservation;
• the Environmental Technical Secretariat, which evaluates and approves Environmental Impact Assessments for public and private projects; and
• the Environmental Administrative Tribunal, an independent body within MINAE that adjudicates environmental disputes, resolves complaints, and imposes administrative sanctions for environmental violations.

In addition to these institutions, other entities have complementary roles in the enforcement of environmental policies:

• Ministry of Health oversees pollution control, solid and waste management;
• Ministry of Agriculture and Livestock regulates sustainable agricultural practices; and
• Institute of Fisheries and Aquaculture supervises fishing activities, promoting the responsible use and conservation of marine and coastal resources.

Together, these institutions form an integrated framework that strengthens Costa Rica’s environmental governance system, ensuring the balance between sustainable development and the protection of natural ecosystems and biodiversity.

Costa Rica has established principles and regulations designed to promote the participation of all social and governmental sectors in the conservation and ecologically sustainable use of biodiversity, as well as to promote international and regional co-operation. The regulation has established the importance of maintaining a coherent and interrelated set of objectives aimed at enhancing environmental protection across the various public institutions. Some examples of inter-institutional co-operation include the Payment for Environmental Services Program, implemented through collaboration between landowners and the National Forest Financing Fund (FONAFIFO) to promote forest conservation, as well as the co-management framework established between artisanal fishers and the Institute of Fisheries and Aquaculture (INCOPESCA) for the management of the Responsible Fishing Marine Areas, which encourages sustainable practices and community participation in marine resource management.

The protection of environmental assets in Costa Rica originates from the constitutional recognition of the right to a healthy and ecologically balanced environment, which establishes the state’s duty to guarantee and safeguard this environmental asset as it is a right for all individuals. This constitutional mandate provides the foundation for a robust legal framework that ensures the conservation and sustainable use of essential natural resources. Essential legislation regarding the protection of environmental assets includes the following:

• Water Law;
• Wildlife Conservation Law;
• Maritime Zone Law; and
• Forest Law.

These are complemented by the Organic Environmental Law and the Biodiversity Law, as well as jurisprudential principles – the main ones being conservation and responsible use.

The consequences of breaching environmental regulations may result in administrative sanctions, civil liability and criminal prosecution depending on the nature and severity of the violation. Administrative sanctions may include:

• fines, which are determined by an environmental damage assessment;
• suspensions or revocation of environmental permits for projects; and
• injunctions to restore the affected ecosystem.

Under Costa Rican law, environmental damage gives rise to strict civil liability. Polluters are required to repair or compensate for environmental harm, even in the absence of intent or negligence. Serious violations may constitute environmental crimes under the Criminal Code and special legislation, such as the Wildlife Conservation Law. However, consequences under criminal liability tend to be the imposition of economic sanctions and reparation measures.

The main institution is the Ministry of Environment and Energy (MINAE), which exercises oversight through several specialised institutions. Within the Ministry, there are various bodies that regulate, supervise and issue permits related to environmental matters, each with specific authority to address environmental incidents and breaches of environmental law or permits.

The National System of Conservation Areas (SINAC) has the authority to inspect, monitor and grant permits related to wildlife and forestry activities, as well as to impose administrative sanctions in cases of violations of environmental regulations. SINAC also operates through several regional offices that conduct field inspections and enforce compliance within their respective jurisdictions.

Similarly, the Environmental Technical Secretariat (SETENA) is another institution within the Ministry responsible for monitoring and controlling projects to ensure compliance with environmental provisions. In cases of non-compliance or inconsistencies with approved environmental terms, SETENA may order corrective measures and suspend or revoke environmental permits or approvals.

Regarding the use and exploitation of water resources, the competent institution within MINAE is the Water Directorate, which grants water use permits and concessions. This authority may also suspend or revoke such rights in cases of non-compliance with environmental requirements or violations of applicable water regulations.

Depending on the type of activity, the competent authority for granting the corresponding environmental or resource-use permit may vary. For example, permits for tree cutting or forestry activities, as well as the creation of wildlife management sites such as zoos, are processed before the National System of Conservation Areas (SINAC). Permits for the use or extraction of water resources, including wells or river intakes, are issued by the Water Directorate. In the case of construction projects or other activities that may generate environmental impacts, the process must be carried out before the Environmental Technical Secretariat (SETENA), which grants the environmental viability required for project implementation.

SETENA is responsible for the evaluation, control and follow-up of projects subject to environmental assessment. Applicants must submit an Environmental Impact Assessment or, for lower-risk activities, an Environmental Impact Statement. The process involves the review of technical, legal and environmental aspects, and may include additional studies or public consultation depending on the project’s category and potential impact. Once the evaluation is complete, SETENA issues a Resolution of Environmental Viability, which constitutes the environmental permit authorising the project to proceed under the approved conditions. This resolution establishes binding environmental obligations and monitoring requirements.

Costa Rica’s regulatory approach to environmental policy and enforcement is guided by the principles of prevention, precaution, in dubio pro natura and sustainable development, as established in diverse regulations and jurisprudence. Environmental protection is considered a matter of public interest, and the state is constitutionally obligated to guarantee the right to a healthy and ecologically balanced environment.

In Costa Rica, environmental permits and approvals may, in certain cases, be transferred to another individual or corporation, subject to the approval of the competent authority and compliance with specific legal and administrative requirements. The transfer process and applicable conditions depend on the type of permit and the issuing institution. For example, concessions within the Maritime–Terrestrial Zone may be transferred to another holder, provided that the cession is duly authorised by the respective local government and Costa Rican Tourism Institute when applicable.

Similarly, water use concessions and permits granted by the Water Directorate within the Ministry of Environment and Energy (MINAE) may be transferred to another party upon formal request. The transfer requires the submission of supporting documentation. The new holder assumes all obligations and responsibilities associated with the concession, including environmental and technical compliance. In the case of environmental viability approvals issued by the Environmental Technical Secretariat (SETENA), the transfer is also possible through a formal application submitted to SETENA. The request must include:

• documentation identifying the new project holder;
• proof of ownership or legal control over the project or property; and
• evidence that all environmental obligations remain in force.

SETENA then issues a resolution formally authorising the transfer, ensuring that the new holder maintains full responsibility for compliance with the approved environmental conditions. In all cases, the transfer of environmental permits or concessions must be expressly authorised by the corresponding authority and is not automatic. The recipient assumes all environmental obligations, monitoring duties, and liabilities derived from the original authorisation.

The legal and practical consequences of breaching an environmental approval or permit in Costa Rica depend on the type and severity of the violation, as well as the authority that issued the permit. Breaches may include the revocation or suspension of the permit, as well as administrative, civil or criminal liability, and the responsible party may also face corrective or restorative obligations imposed by the competent environmental authority. In practice, enforcement often combines administrative and corrective measures aimed at ensuring compliance and preventing further harm.

In Costa Rica, liability for environmental damage or breaches of environmental law may arise under administrative, civil and criminal regimes, depending on the nature and severity of the violation. Authorities may impose administrative sanctions on operators, landowners or permit holders who violate the permit regulations established. The civil code in Costa Rica establishes strict civil liability for environmental breaches, and this is closely linked to the “polluter pays” jurisprudential principle which establishes that any person or corporation responsible for environmental damages – whether intentional or not – must assume the costs of restoration or compensation for the damage caused. Liability applies to operators, landowners, concessionaires and polluters, regardless of fault, and may be enforced through administrative or judicial proceedings. Affected parties, including the state or private individuals, may bring claims for compensation or restoration, and in many cases joint and several liability applies among responsible parties.

In Costa Rica, liability for historical environmental incidents or damage is subject to statutory limitation periods that depend on the nature of the proceedings.

From a civil law perspective, claims for environmental damage are generally subject to a ten-year statute of limitations. In the criminal sphere, environmental offences are typically subject to a three-year limitation period. Once these periods have elapsed, liability for past environmental harm cannot generally be imposed on a current or purchasing landowner or operator. However, it is important to note that administrative or restorative obligations may still apply to the current landowner if the property is found to be affected by prior environmental damage. In such cases, the competent authorities may order the execution of environmental restoration or mitigation measures, regardless of who caused the original harm. This means that, while the current owner may not be held personally liable for the historical acts, they may nonetheless be required to implement corrective or remedial actions as a condition for maintaining or restoring the property’s environmental compliance.

The applicable defences depend on the type of liability involved, whether civil, administrative or criminal. Common defences include:

• force majeure or unforeseeable circumstances;
• lack of causality; and
• absence of intent or fault – meaning the defendant can demonstrate that the damage was not the result of intention, negligence or recklessness.

However, in Costa Rica, environmental law also recognises strict (objective) liability, meaning that it is not always necessary to prove fault or negligence. It is sufficient to establish a causal link between the damaging activity and the environmental harm. In such cases, defences based solely on the absence of fault are generally not applicable. If the harm was caused exclusively by a third party, this may be invoked as a defence. Nevertheless, where the environmental damage occurs on a specific property, the property owner may still be subject to restoration measures (such as reforestation obligations) even if they were not directly responsible for causing the harm. It is also important to note that, under Costa Rican environmental law, there is an inversion of the burden of proof. This means that the presumed polluter or responsible party must demonstrate that they did not cause the environmental damage.

In Costa Rica, corporations have legal personality and therefore bear the same liability as any individual. They can be held liable and sanctioned under administrative, civil and, in certain cases, criminal law. As a general rule, only the corporate entity itself is responsible; however, if it can be demonstrated that specific unlawful or harmful acts were committed or ordered by the company’s president or legal representative, that individual may also be held jointly (solidarity) liable with the corporation.

Costa Rica does not have a comprehensive system of environmental taxes. In practice, only a few fiscal instruments can be considered as such, and several others function more as regulatory fees rather than true taxes. The main environmental tax is the fuel tax, which allocates a portion of collected revenues to finance environmental protection programmes and the maintenance of national road infrastructure. Additionally, certain local governments impose waste management fees, particularly in urban areas, to cover the costs of solid waste collection, treatment and final disposal.

Beyond these, there are other environment-related fees that are not considered taxes but serve environmental purposes. These include charges for the use and concession of water resources, managed by the Water Directorate, and concession fees for the use of the Maritime–Terrestrial Zone. While Costa Rica has not adopted a general carbon tax, it has implemented a carbon compensation mechanism through the National Forestry Financing Fund (FONAFIFO), which allows companies and individuals to voluntarily offset greenhouse gas emissions by purchasing certified carbon credits. Overall, Costa Rica’s fiscal approach to environmental protection relies more on economic instruments and incentive mechanisms than on formal environmental taxation.

Costa Rica has implemented a combination of incentives and penalties to promote environmental compliance and responsible resource management. One of the main incentive mechanisms is the Payment for Environmental Services (PES) programme, established under the Forest Law and administered by the National Forestry Financing Fund (FONAFIFO). This programme provides economic compensation to landowners who engage in activities that protect or restore environmental functions, such as forest conservation, reforestation, watershed protection and biodiversity preservation. The PES scheme has been internationally recognised as a key tool in Costa Rica’s sustainable development and climate policies.

In addition, tax benefits and exemptions may apply to certain environmentally friendly investments, such as renewable energy projects or the importation of electric vehicles and clean technologies, which are supported by specific laws and executive decrees.

In Costa Rica, shareholders or a parent company are generally not directly liable for environmental damage or breaches of environmental law committed by a subsidiary or corporation, given the principle of separate legal personality. However, exceptions apply when there is evidence of active participation, authorisation or control over the harmful activities. If it can be proven that the parent company or specific shareholders directed, ordered or benefited from the actions that caused the environmental damage, they may be held jointly (solidarity) liable under civil or administrative law.

In Costa Rica, Environmental, Social and Governance (ESG) requirements are primarily embedded within the country’s environmental and administrative legal framework, reflecting its strong constitutional commitment to environmental protection and sustainable development. Companies must comply with the Environmental Impact Assessment process before initiating any project that may affect the environment. Ongoing compliance includes monitoring emissions, waste management, water use, and reforestation or restoration duties, depending on the nature of the activity. Social aspects are governed by national labour, health and community protection laws in which companies must comply with the Labor Code and ensure occupational health and safety. Projects with social or community impact must include public participation and consultation processes.

In summary, Costa Rica’s ESG framework is integrated into binding environmental and social regulations and supported by a strong institutional system for monitoring and enforcement. Corporations must maintain proper corporate governance practices, including accounting transparency and shareholder reporting, and also disclose ESG-related performance as part of their reporting obligations. The National Stock Market Authority (SUGEVAL) promotes ESG transparency and has begun encouraging voluntary sustainability reporting aligned with international frameworks.

In Costa Rica, companies are subject to environmental audit requirements, particularly those whose activities are likely to generate significant environmental impacts; primarily, corporations that have undergone the Environmental Impact Assessment process must periodically demonstrate compliance with the environmental commitments and mitigation measures established in their Environmental Viability Permit. These audits must be carried out by authorised environmental auditors. In addition to mandatory audits, some corporations carry out voluntary environmental audits to obtain or maintain certifications such as ISO or the Costa Rican Environmental Seal.

In Costa Rica, legal representatives or board members of corporations may, in certain circumstances, be held personally liable for environmental damage or breaches of environmental law committed by the company. The general rule is that the legal entity bears primary responsibility; however, individual liability may arise where there is personal participation, negligence or authorisation of the wrongful acts. Depending on the type of liability, both the corporation and its representatives may face obligations to restore the environment and/or compensate for damages, as well as fines, suspension or revocation of permits, and, in some cases, imprisonment. Nevertheless, environmental criminal cases in Costa Rica rarely result in custodial sentences, as the focus is generally on restoration of the damage caused rather than punitive sanctions.

In Costa Rica, environmental insurance is not currently available as a standard product in the local market, nor is it legally required for companies or individuals. There is no compulsory environmental insurance scheme related to contamination, pollution or nuisance, and no regulatory framework mandating such coverage. As a result, most environmental risks remain uninsured, including liability for contamination, restoration costs or third-party environmental damage.

In Costa Rica, financial institutions or lenders can, in certain circumstances, be held liable for environmental damage, particularly under the principle of strict (objective) liability that governs environmental matters. This means that liability does not necessarily depend on proof of fault, negligence or intent, but rather on the existence of a causal link between the activity financed and the environmental harm. For this reason, financial institutions are increasingly expected to conduct environmental due diligence before financing projects, ensuring that borrowers comply with environmental regulations and have the necessary permits and impact assessments issued by SETENA or other competent authorities.

In Costa Rica, lenders typically protect themselves from potential environmental liability by conducting comprehensive environmental due diligence prior to approving financing. This includes verifying that the borrower holds all required environmental permits, approvals and licences issued by the relevant authorities such as SETENA and SINAC, and that the project complies with applicable environmental standards. Loan agreements often include environmental representations, warranties and covenants, requiring the borrower to maintain compliance throughout the duration of the project and to indemnify the lender for any environmental damage or regulatory breach.

In Costa Rica, environmental complaints or claims can be filed before the Administrative Environmental Tribunal (TAA) or the Environmental Prosecutor’s Office, depending on the nature of the violation. Additionally, if an issue arises within an ongoing administrative procedure, claims may also be submitted to the Ministry of Environment and Energy (MINAE) or other competent regulatory bodies. However, it is important to note that environmental claims are primarily aimed at protecting the environment itself, rather than at obtaining compensation for private interests. Environmental protection in Costa Rica is recognised as a diffuse right, meaning that the harmed party is considered to be the environment as a collective good, not the individual who files the claim. Consequently, proceedings before these authorities are focused on restoration, mitigation and prevention of environmental harm, rather than personal compensation.

As in most civil law jurisdictions, exemplary or punitive damages are not recognised. The legal system is based on the principle of full reparation (restitutio in integrum), which seeks to restore the affected party or the environment to its prior condition, rather than to punish the offender or award damages beyond the actual harm suffered. Specifically in environmental matters, Costa Rican law does not provide for punitive or exemplary damages. Judicial and administrative actions focus on restoration, compensation and prevention of further harm, while any punitive or deterrent effects are pursued through administrative or criminal sanctions.

Class or group actions are not formally recognised under the civil procedural system in the same way as in common law jurisdictions. However, environmental claims may be brought on behalf of the public interest because environmental protection is considered a diffuse right under Article 50 of the Costa Rican Constitution. This means that any individual, community or organisation may file a claim to protect the environment, even if they are not personally affected, as the harmed party is considered to be the environment itself. Such actions are typically pursued before the Administrative Environmental Tribunal (TAA), the Environmental Prosecutor’s Office, or through constitutional or administrative proceedings aimed at restoring or protecting environmental integrity.

Costa Rica has developed a rich body of environmental jurisprudence through several landmark cases, many of which have been decided by the Constitutional Chamber. These rulings have played a crucial role in defining and consolidating environmental principles that, while not always explicitly codified in legislation, hold constitutional and binding authority through judicial interpretation. One notable example is Resolution No 19096-2021, in which the Constitutional Chamber emphasised the interrelation between environmental protection and the enjoyment of other fundamental human rights, such as the right to health. The court analysed the state’s duty as guarantor to ensure the proper use of pesticides and to prevent their harmful effects on both human health and the environment. In this decision, the court reaffirmed the precautionary principle (pro natura), requiring authorities to anticipate and prevent negative impacts and to ensure the conservation and sustainable management of natural resources.

In general, most of Costa Rica’s environmental landmark cases focus on the definition, development and application of core environmental principles, including:

• precaution;
• prevention;
• sustainability;
• intergenerational equity; and
• objective liability.

Through these decisions, the Constitutional Chamber has strengthened the constitutional right to a healthy and ecologically balanced environment recognised in Article 50 of the Constitution.

Indemnities and contractual clauses can be used between private parties to allocate or apportion liability for incidental environmental damage or breaches of law within the scope of their contractual relationship. However, such agreements are only binding between the parties and do not exempt them from administrative, civil or criminal liability before environmental authorities or courts. Under Costa Rican law, environmental liability is non-transferable, meaning that responsibility for environmental damage remains with those directly involved and cannot be contractually waived. Even if a buyer and seller agree on indemnification terms, regulators may still hold either or both parties responsible for remediation and sanctions. While indemnity clauses are valid in private law to determine internal financial responsibility, they have no binding effect on public authorities and cannot limit the state’s power to enforce environmental obligations or demand environmental restoration.

The key laws governing contaminated land and remediation obligations are the Environmental Organic Law, the General Health Law and the Waste Management Law, as well as several technical regulations issued by the Ministry of Environment and Energy and the Ministry of Health. These instruments establish the duty to prevent, mitigate and remediate environmental damage, including soil and groundwater contamination. The general approach of regulatory authorities is to apply the polluter pays principle and require responsible parties to restore the affected environment to its prior condition. When contamination is detected, authorities may order technical assessments, environmental remediation plans, and long-term monitoring, all of which must be carried out by certified professionals and approved by the competent agencies.

Responsibility for cleaning up or remediating contaminated land lies primarily with the party responsible for causing the contamination, in accordance with the Environmental Regulations. This obligation is grounded in the polluter pays principle, which establishes that anyone who causes environmental damage must bear the costs of prevention, mitigation and restoration of the affected area. While the duty to remediate is legally non-transferable under public law, the practical execution of clean-up activities may be delegated to third parties, provided that the responsible entity ensures compliance with technical and legal standards and obtains approval. In essence, the polluter pays principle ensures that environmental restoration duties remain with those who caused or perpetuate contamination, regardless of private contractual arrangements.

In Costa Rica, when more than one party has contributed to environmental contamination, liability is generally determined on the basis of the proportional and integral restoration of the damage caused. The primary objective of environmental liability in such cases is not merely to impose sanctions, but to ensure the full restoration of the affected environment to its original condition, in accordance with the principles of integral reparation and environmental restoration established by the Environmental Organic Law and relevant jurisprudence of the Constitutional Chamber. Authorities, such as the Environmental Administrative Tribunal, assess the extent of each party’s contribution to the contamination based on technical, scientific and causal criteria.

While liability can be apportioned among the responsible parties according to their degree of participation, Costa Rican environmental law also recognises the principle of joint and several liability in cases where it is difficult to precisely determine each actor’s contribution. This ensures that the restoration obligation is effectively fulfilled and prevents environmental damage from remaining unremedied due to disputes among responsible parties. Therefore, even when multiple polluters are involved, the restoration measures and economic valuation of damages must be comprehensive, proportional to the total environmental harm, and guided by the overriding goal of ecological recovery rather than solely by punitive or compensatory considerations.

The locus standi (legal standing) requirements in environmental proceedings are broadly interpreted in favour of access to justice, following the jurisprudence of the Constitutional Chamber and the constitutional mandate which guarantees the right to a healthy and ecologically balanced environment. According to this jurisprudence, when a case involves public environmental interests, the concept of standing must be extended to include the protection of collective, supra-individual or diffuse rights. This means that any individual or entity, whether public or private, natural or legal, may bring an action in defence of the environment, even if they are not directly or individually affected by the damage. This principle is reinforced by the Biodiversity Law, which establishes a popular action allowing any person to initiate administrative or judicial proceedings for the protection and restoration of biodiversity and the environment. In such cases, the claimant only needs to demonstrate a reasonable and sufficient interest, such as the existence of a collective or supra-individual environmental concern. However, when the claim also seeks compensation for individual or property damage, the right to file such an action lies exclusively with the directly affected party, who must demonstrate a specific subjective right that has been harmed. This person therefore holds dual standing: one derived from the collective environmental interest and another from their individual right that has been infringed.

When an environmental complaint is filed with the National System of Conservation Areas (SINAC), the process begins with an on-site inspection to verify the facts reported. SINAC officials conduct field visits and technical assessments to determine whether the activity or incident violates environmental regulations. If the inspection confirms a potential violation, SINAC may refer the case to the Environmental Administrative Tribunal (TAA) for the initiation of an administrative sanctioning process or forward it to the Environmental Prosecutor’s Office when there is evidence of a possible environmental crime, for further criminal investigation. Similarly, when pollution cases (such as contamination of water, soil or air) are reported to the Ministry of Health (MINSA), its officials carry out technical inspections and analyses to determine the source and severity of the contamination. If a breach of environmental or sanitary law is confirmed, the Ministry may order corrective measures and impose administrative sanctions.

Costa Rica’s climate change legislation is structured within a comprehensive legal framework that combines international commitments and national laws. Key instruments include:

• a Law that approves the United Nations Framework Convention on Climate Change (UNFCCC), which ratifies the Paris Agreement; and
• the Organic Environmental Law, which establishes the guiding principles for environmental management and the state’s duty to ensure sustainable development.

At the policy level, the country has adopted the National Climate Change Adaptation Policy, which directs institutional and sectoral actions aimed at reducing vulnerability and strengthening resilience to climate impacts. Recently, a bill has been introduced in the Legislative Assembly to incorporate climate change management within the competencies of local governments, with the objective of enhancing territorial climate governance and promoting mitigation and adaptation measures at the local level.

Costa Rica has established ambitious policy and legal targets to reduce greenhouse gas emissions, aligned with its commitment to achieving carbon neutrality. The country’s main framework is the National Decarbonization Plan 2018–2050, which sets the long-term goal of achieving net-zero emissions by 2050. This plan outlines ten strategic axes focused on transforming key sectors towards low-emission models, including:

• energy;
• transportation;
• waste management; and
• agriculture.

Additionally, under the Paris Agreement, Costa Rica has submitted Nationally Determined Contributions (NDCs) that include specific targets to reduce GHG emissions. These goals are further supported by the Climate Change Directorate under the Ministry of Environment and Energy (MINAE), which oversees the implementation of mitigation and adaptation strategies, ensuring compliance with both national and international commitments.

The management of asbestos and polychlorinated biphenyls (PCBs) is subject to strict regulation based on international standards for health and environmental protection. Regarding asbestos, since 1996 Costa Rica has had a Regulation on the Controlled Use of Asbestos and Asbestos-Containing Products, which establishes permissible exposure limits in workplaces according to internationally recommended values. These determinations must be carried out by accredited laboratories within the country. The regulation encourages the substitution of asbestos with safer materials and prohibits the importation and use of asbestos fibres for manufacturing purposes. Although Costa Rica does not have a total ban on asbestos, it maintains a strict regulatory framework governing its use, handling and disposal, recognising that asbestos remains present in older construction materials. Current regulations classify all asbestos-containing materials as hazardous waste, requiring rigorous controls for their safe management and final disposal.

As for PCBs, Costa Rica signed the Stockholm Convention on Persistent Organic Pollutants in 2002 and ratified it in February 2006. Under this treaty, the country committed to the following targets:

• by 2025, to eliminate the use of PCB-containing oils; and
• by 2028, to ensure the complete removal and environmentally sound disposal of all PCB stocks.

To implement these commitments, the Regulation for the Identification and Environmentally Sound Elimination of Polychlorinated Biphenyls (PCBs) was enacted. This decree establishes technical guidelines for the identification, management and safe elimination of PCBs, assigning enforcement responsibilities to the Ministry of Environment and Energy.

The main legal framework governing waste management in Costa Rica is the General Law for Integrated Waste Management, which establishes the principles, responsibilities and mechanisms for the proper handling, reduction, reuse, recycling and final disposal of waste. This law is complemented by several regulations and municipal ordinances that specify technical and operational standards for waste collection, treatment and disposal. The Ministry of Health is the lead regulatory authority, responsible for overseeing compliance and issuing technical guidelines, while municipalities are in charge of local waste management services.

In Costa Rica, a producer or consignor of waste may retain liability even after the waste has been transferred to a third party if it can be proven that due diligence obligations were not properly fulfilled. The producer is responsible for ensuring that the waste is handled, transported and disposed of by duly authorised operators in compliance with environmental and sanitary regulations. This responsibility is grounded in the principles of strict liability and duty of supervision, meaning that liability may arise regardless of intent or negligence if environmental damage occurs as a result of inadequate oversight. Therefore, producers must verify that third parties hold valid permits and operate according to technical standards. If these controls are not properly exercised, the original generator or consignor may still be held accountable for environmental harm or regulatory breaches, even after the waste has been disposed of.

The General Law for Integrated Waste Management establishes the legal framework for extended producer responsibility, which requires producers, importers and distributors to assume responsibility for their products throughout their entire life cycle, including the post-consumer stage. While not all goods are currently subject to mandatory design-for-reuse or take-back obligations, certain priority product categories, such as electrical and electronic equipment, batteries, tyres and packaging materials, are regulated under specific decrees that require producers to implement systems for collection, recovery, recycling or final disposal. Producers can be required to take back or manage waste in the following circumstances.

• The product falls within a regulated category under an EPR scheme.
• The producer places goods on the market that may generate hazardous waste.
• There is evidence of non-compliance with environmental regulations or improper end-of-life management.

In such cases, producers must establish or participate in authorised collection and recovery programmes, either individually or collectively, and ensure that waste is treated and disposed of by licensed operators. The overarching objective of this framework is to promote the circular economy, reduce the volume of waste sent to landfills, and encourage eco-design practices that facilitate disassembly, reuse and recycling.

Waste operators are regulated primarily under the General Law for Integrated Waste Management and its implementing regulations. These operators, including those involved in the collection, transport, storage, treatment, recycling and final disposal of waste, must comply with a series of rights and obligations to ensure environmentally sound waste management. Waste operators have the right to obtain the necessary permits and operating authorisations from the Ministry of Health (MINSA) and local governments, to participate in public or private waste management programmes and receive waste from authorised generators, and to access technical and institutional support from public entities to improve waste management practices. Their main obligations include:

• complying with all technical, sanitary and environmental standards established by MINSA and the Ministry of Environment and Energy (MINAE);
• ensuring traceability of waste through documentation of its origin, transport and final treatment;
• implementing preventative and corrective measures to avoid contamination or health risks;
• managing waste only in authorised facilities and using licensed transport and treatment systems; and
• reporting periodically to the competent authorities on their operations and waste volumes handled.

Breaches of these obligations can result in administrative sanctions, including:

• fines;
• suspension or revocation of permits;
• civil liability for environmental damage under the polluter pays principle; and
• criminal prosecution in severe cases involving illegal dumping, contamination or endangerment of public health.

Regulatory authorities, primarily MINSA and MINAE, oversee compliance and may conduct inspections and audits to ensure that operators act in accordance with national environmental and public health standards.

Environmental issues must be disclosed both to regulatory authorities and, in certain cases, to the general public, depending on the nature of the activity, the potential environmental impact, and the applicable legal framework. Entities engaged in activities that may affect the environment are required to report and disclose environmental information to the competent authorities. Disclosure typically occurs in the following circumstances.

• During the environmental impact assessment process, when the project proponent must submit all environmental information, studies and mitigation plans to SETENA for approval of environmental viability of a project.
• Periodically, by the environmental regent as part of environmental monitoring and compliance reports submitted to SETENA or MINAE, particularly for projects with ongoing environmental obligations.
• When an environmental incident or contamination event occurs, companies are required to notify the competent authority immediately and implement corrective and preventative measures.

Failure to report environmental damage or non-compliance can lead to administrative, civil and even criminal liability.

In Costa Rica there is a broad constitutional and legal right to access environmental information held by public authorities. This right is grounded in the Constitution, which guarantees freedom of access to administrative information, and further developed through the Law on Access to Public Information and Transparency. Together with Article 50 of the Constitution and the Environmental Organic Law, these norms establish the foundation for an open, transparent and participatory environmental governance framework. In environmental matters, the right to information must be understood from a participatory and democratic perspective: every individual or community has the right to request and obtain information from any public authority or body regarding activities, projects or decisions that may affect the enjoyment of the right to a healthy and ecologically balanced environment. This access cannot be obstructed or unjustifiably restricted by state institutions.

Corporations are not generally required to include environmental information in their annual corporate reports or financial statements, unless their activities involve significant environmental impacts or they are subject to specific environmental permits that impose reporting obligations. However, several legal and regulatory frameworks establish situations in which disclosure is mandatory, particularly for companies engaged in industrial, extractive or infrastructure activities.

• Environmental Reporting to SETENA or MINAE – Corporations that have obtained environmental viability must periodically submit environmental compliance and monitoring reports by the environmental regent of the project. These reports detail compliance with mitigation measures, waste management, emissions and other environmental obligations.
• Voluntary Corporate Disclosure – Some companies, particularly those with foreign investors or operating under ESG (Environmental, Social and Governance) standards, voluntarily include environmental performance metrics, sustainability goals or carbon footprint data in their annual sustainability reports. These disclosures follow international frameworks such as the Global Reporting Initiative (GRI) or ISO 14001 environmental management standards.

Green finance arrangements have been implemented to promote environmentally sustainable development. These mechanisms aim to channel public and private investment into projects that reduce greenhouse gas emissions, enhance resource efficiency and protect biodiversity. The following are examples of green finance in Costa Rica.

• Green Bonds – Some public banks as well as private banks have developed green bond programmes to finance renewable energy, sustainable transportation and waste management projects. These issuances are regulated and monitored by the General Superintendency of Securities (SUGEVAL) and the Central Bank of Costa Rica, in line with international standards.
• National Decarbonization Plan – The plan promotes public and private green investment and credit programmes for clean energy, electric mobility and conservation projects, under the co-ordination of the Ministry of Environment and Energy and the Ministry of Finance.

Environmental due diligence is commonly conducted in real estate transactions, especially when the target corporation or property involves activities with potential environmental impacts. This process is essential to assess legal compliance, prevent liability for environmental damage and ensure that the purchaser or investor is not acquiring hidden risks. Typical environmental due diligence in Costa Rica includes the following.

• Verification of environmental permits and licences, such as environmental viability, wastewater discharge permits and solid waste management plans.
• Review of compliance records for the property at the National Registry to identify pending administrative or judicial proceedings.
• Site inspections to assess contamination risks, improper waste management or unauthorised land use.
• Review of environmental management plans and monitoring reports to verify ongoing compliance with environmental obligations.
• In real estate transactions, the due diligence often includes:
1. checking land-use compatibility under municipal zoning plans;
2. verification of protection areas (such as riverbanks, wetlands or forested areas under the Forestry Law); and
3. confirmation that the property is not within a protected area or subject to environmental restrictions.

Under general principles of good faith and civil liability established in the Civil Code, a seller may be held liable if they fail to disclose relevant environmental information that materially affects the property or business being transferred. If a seller knowingly conceals contamination or non-compliance issues, they could face civil liability for damages and, in some cases, administrative sanctions for misleading or withholding information relevant to environmental compliance.

Land use and zoning conflicts are among the most significant environmental legal risks in Costa Rica, particularly in real estate acquisitions, development projects, and agricultural or tourism investments. Local governments are responsible for establishing zoning plans that define the permitted land uses within their jurisdictions. However, they either lack updated zoning plans or may be overlapping regulations with environmental authorities. During due diligence, it is common to find that properties intended for one use are located in areas not zoned for such activities or where additional environmental approvals are required.

Another frequent issue concerns alterations of protected ecosystems. Under the Forestry Law, wetlands, forest cover and riparian zones are legally protected, and any intervention (such as tree cutting, drainage or construction) requires prior authorisation from the competent authorities. Unauthorised alterations may constitute environmental damage, triggering restoration obligations and potential sanctions. In coastal areas, transactions often involve additional complexities under the Maritime–Terrestrial Zone, which establishes a 200-metre public zone measured from the high-tide line. Within this zone, private ownership is restricted, and concessions granted by municipalities are subject to strict environmental and land-use conditions.

Therefore, in property or asset transactions, it is essential to conduct a comprehensive review of zoning plans, land-use certificates, cadastral maps and environmental assessments to ensure that the property is not subject to restrictions or encroachments into protected ecosystems. Failing to identify such issues may expose the purchaser to significant legal, financial and reputational risks, including the obligation to restore altered habitats or face revocation of environmental or municipal permits.