Environmental Law 2025 Comparisons

Environmental protection in the Dominican Republic is constitutionally established as a collective and diffuse right, recognised in Articles 66 and 67 of the Constitution. These provisions impose on the state the duty to prevent pollution, protect ecosystems, and ensure a healthy environment for present and future generations, granting this right the highest legal hierarchy.

On this foundation stands Law No 64-00 on the Environment and Natural Resources, which does the following:

• regulates all activities with direct or indirect impact on natural resources;
• creates the Ministry of Environment and Natural Resources as the governing authority in the sector; and
• establishes the guiding principles of prevention, precaution, restoration, and “polluter pays”, which underpin all environmental management in the country.

Complementary laws form a transversal environmental system.

• Law No 225-20 on Comprehensive Management and Co-processing of Solid Waste introduces the principles of circular economy and extended producer responsibility.
• Law No 202-04 on Protected Areas organises the National System of Protected Areas and safeguards biodiversity, together with its Regulation on Research in these areas.
• Law No 57-07 on Incentives for the Development of Renewable Energy Sources promotes the transition towards a clean energy matrix.
• Law No 90-19 amends Law No 287-04 on harmful noise and sound pollution.
• Administrative Sanctions Regulation for the Environment and Natural Resources, and the Inspection Regulation, in coherence with the implementation of Chapter XVII of the DR-CAFTA Free Trade Agreement.
• Various environmental regulations concerning:
1. groundwater quality and discharges;
2. management of radioactive waste, infectious waste, and non-hazardous solid waste; and
3. water quality and emission control standards.

Additionally, the country has strengthened its regulatory framework through recent public policies and national strategies, such as the National Climate Change Policy (PNCC), the National Commitment for Water 2021–2036, and the Green and Social Taxonomy 2023, which link environmental management to sustainability and green finance objectives.

Internationally, the Dominican Republic is a party to key instruments, including the following:

• Paris Agreement;
• Convention on Biological Diversity;
• Kyoto Protocol;
• Vienna Convention for the Protection of the Ozone Layer; and
• Cartagena Protocol on Biosafety.

These treaties guide national environmental policy and reinforce alignment with global commitments on climate change mitigation and adaptation.

The environmental institutional framework of the Dominican Republic was restructured by Law No 64-00, which created what is now the Ministry of Environment and Natural Resources (MIMARENA) as the sector’s governing authority. MIMARENA operates through six specialised Vice-Ministries:

• Environmental Management;
• Forest Resources;
• Soil and Water;
• Coastal and Marine Resources;
• Protected Areas and Biodiversity; and
• Climate Change and Sustainability.

These are complemented by specialised technical directorates, which ensure the enforcement of sectoral policies, regulatory compliance and continuous technical oversight. For example:

• Environmental Supervision and Control;
• Environmental Assessment;
• Climate Change; and
• Biodiversity.

In the area of environmental prosecution and justice, the Office of the Prosecutor for the Defence of the Environment and Natural Resources (PEDMA), under the Office of the Attorney General of the Republic, represents the public interest and directs criminal proceedings against environmental violations. Its work is complemented by the National Environmental Protection Service (SENPA), a specialised body attached to the Ministry of Defence, which carries out inspection and surveillance operations to ensure compliance with environmental regulations.

The National Council for Climate Change and the Clean Development Mechanism (CNCCMDL) co-ordinates national climate change policy, oversees the implementation of the Nationally Determined Contribution (NDC 2022–2030), and represents the country before the United Nations Framework Convention on Climate Change (UNFCCC).

In the area of water resources, the National Institute of Hydraulic Resources (INDRHI) administers the use and allocation of surface and groundwater, while the National Institute of Drinking Water and Sewerage (INAPA) and various Aqueduct and Sewerage Corporations (CAASD, CORAASAN, CORAAPPLATA, among others) operate in water treatment and sanitation, in co-ordination with MIMARENA.

The above-mentioned are complemented by the following.

• The Ministry of Energy and Mines (MEM), the Ministry of Agriculture, and the Dominican Council for Fisheries and Aquaculture (CODOPESCA) perform environmental functions related to the sustainable management of mining, soils and marine resources.
• In planning and development, the Ministry of Economy, Planning, and Development (MEPyD) promotes the integration of environmental and social criteria, including the Green and Social Taxonomy (2023), while the General Directorate of Public-Private Partnerships (DGAPP) and the Ministry of Finance incorporate environmental assessments and ESG criteria into public investment projects.
• The National Statistics Office (ONE) manages the National Environmental Information System (SINARE), and municipalities oversee local waste management and land-use planning services under Law No 176-07.

In the Dominican Republic, mechanisms for environmental co-operation are grounded in Law No 64-00 on the Environment and Natural Resources, which promotes shared, preventative and participatory management of natural resources. The main instrument is the Environmental Impact Assessment (EIA) process, through which project developers engage with the Ministry of Environment and Natural Resources (MIMARENA) to submit studies, respond to requirements, and adjust management plans according to the authority’s observations.

Public participation and citizen consultation are also fundamental pillars, allowing communities and civil organisations to provide input and observations on high-impact projects. Co-operation is further strengthened through voluntary agreements between MIMARENA and private companies, which establish commitments for mitigation, monitoring and sustainability.

MIMARENA actively participates in inter-institutional councils and commissions – such as those on climate change, water resources and protected areas – to ensure cross-sectoral policy co-ordination. It also maintains strategic partnerships with multilateral and academic organisations, including the UNDP, the European Union, and the Inter-American Development Bank (IDB), aimed at enhancing technical capacity and promoting regulatory innovation.

The protection of environmental assets holds constitutional status and is governed by Law No 64-00 on the Environment and Natural Resources, which mandates their use according to principles of sustainability. In practice, this protection is exercised through instruments such as Environmental Impact Assessments (EIA), Environmental Management and Adaptation Plans (PMAA), and monitoring and control programmes for air, water and soil quality, all supervised by MIMARENA.

Water resources are managed by the National Institute of Hydraulic Resources (INDRHI) and framed within the National Commitment for Water 2021–2036, which prioritises human consumption and watershed preservation. Law No 202-04 on Protected Areas safeguards high-value ecological ecosystems, including national parks, scientific reserves and wildlife refuges. Complementarily, Law No 225-20 on Solid Waste Management and Law No 57-07 on Renewable Energy integrate sustainability into waste management and energy development, promoting a circular economy and decarbonisation.

At the international level, the Dominican Republic is a party to key environmental treaties, which guide national policy towards the conservation of natural resources. These include:

• Convention on Biological Diversity;
• Ramsar Convention;
• Vienna Convention; and
• Paris Agreement.

In the Dominican Republic, violations of environmental protection regulations may result in administrative, civil and criminal sanctions.

At the administrative level, the Ministry of Environment and Natural Resources (MIMARENA) may do the following:

• impose fines;
• suspend or revoke licences;
• order the closure of operations; and
• mandate restoration of the environmental damage.

In the civil sphere, offenders are required to repair or compensate for damages under a regime of objective and joint liability, meaning they are held accountable for harm even without proof of fault.

In serious cases, the acts may constitute environmental crimes, prosecuted by the Office of the Specialised Environmental Prosecutor (PEDMA) and punishable by:

• aggravated fines;
• asset confiscation; or
• imprisonment.

Overall, the Dominican system combines preventative measures, corrective sanctions and restorative actions, aiming not only to punish but also to ensure the restitution of ecological damage and the prevention of future harm.

The Ministry of Environment and Natural Resources (MIMARENA) holds broad powers of inspection, investigation, enforcement and control in response to any environmental incident or breach of regulations or permit conditions. These powers are established under the Regulation for Environmental Control, Monitoring and Inspection and the Application of Administrative Sanctions.

MIMARENA may do the following:

• carry out ordinary or ad hoc inspections;
• access facilities;
• request documentation or technical information;
• order the temporary or permanent suspension of activities posing environmental risks;
• impose administrative sanctions, such as –
1. fines,
2. confiscations, or
3. closure of operations; and
• require the immediate implementation of mitigation, remediation or restoration measures for the damage caused.

When an act constitutes a criminal offence, the Office of the Specialised Environmental Prosecutor (PEDMA) intervenes as the competent authority to prosecute cases. PEDMA has the power to:

• receive complaints;
• initiate proceedings ex officio in environmental matters;
• exercise public interest representation as a party in environmental trials; and
• trigger criminal prosecution when ecosystem damage occurs.

This co-ordination is complemented by the National Environmental Protection Service (SENPA), a specialised military body under the Ministry of Defence, which provides operational support in inspection, control and enforcement activities.

Additionally, Law No 64-00 empowers the Ministry to adopt precautionary or preventative measures, such as halting works or seizing equipment when there is imminent ecological risk. In cases of environmental emergencies – including spills, forest fires or large-scale pollution – MIMARENA may declare an environmental contingency situation and co-ordinate an inter-institutional response with bodies such as the Emergency Operations Centre (COE), municipalities and relevant sectoral authorities.

In the Dominican Republic, any work, project or activity that may generate impacts on the environment or natural resources must obtain a prior environmental authorisation from the Ministry of Environment and Natural Resources (MIMARENA), pursuant to Law No 64-00 on the Environment and Natural Resources and the Regulation on the Environmental Evaluation Process, approved by Resolution No 13-2014.

This requirement applies to both public and private projects that, by their nature, scale or location, may cause alterations to the physical, biological or social environment. It includes:

• infrastructure works;
• energy;
• mining;
• tourism;
• intensive agriculture;
• waste management;
• manufacturing industries;
• real estate developments; and
• any activity involving the use or transformation of natural resources.

The system classifies environmental authorisations into four categories, determined according to the potential level of environmental impact.

• Category A – Environmental Licence: required for projects with high or significant environmental impacts, which must be accompanied by an Environmental Impact Study (EIA).
• Category B – Environmental Permit: applicable to projects with moderate impacts, supported by an Environmental Impact Declaration (DIA).
• Category C – Environmental Compliance Certificate: required for low-impact projects that must demonstrate compliance with existing environmental regulations.
• Category D – Certificate of Minimum Impact Registration (CRIM): applicable to activities with minimal impact that only require registration with MIMARENA.

The process begins through the Single Window for Environmental Services, which receives the project’s legal, technical and operational documentation, along with the required studies according to its category. MIMARENA reviews the information, may request clarifications or adjustments, and issues authorisation or denial through a reasoned resolution.

Administrative decisions may be challenged under Law No 107-13 on the Rights of Individuals in their Relations with the Administration and the Administrative Procedure, through a motion for reconsideration, hierarchical appeal or administrative-litigation action before the competent courts.

The approach of environmental authorities in the Dominican Republic combines a preventative and co-operative orientation with strengthened enforcement and criminal prosecution capacities. The Ministry of Environment and Natural Resources (MIMARENA) prioritises prevention, sustainability and private sector co-responsibility, while significantly enhancing its sanctioning capacity in recent years.

At the public policy level, the country has consolidated key sustainability instruments such as the National Climate Change Policy (PNCC), the Green and Social Taxonomy (2023), and the issuance of sovereign green bonds (2024–2025), aimed at financing renewable energy, clean mobility, and waste management projects. These initiatives reflect an environmental governance model grounded in preventative planning, energy transition and international co-operation.

In parallel, since 2023 there has been a marked tightening of environmental control and supervision. The National Environmental Protection Service (SENPA) has expanded its operations – with over 5,000 inspections and 800 sanctions between 2024 and 2025 – while the Specialised Environmental Prosecutor’s Office has increased its territorial presence and prosecuted a growing number of environmental crime cases, particularly related to illegal aggregate extraction, deforestation and contamination of water sources.

At the same time, MIMARENA has maintained a technical support and dialogue-based approach with the productive sector, reinforced through the Single Window for Environmental Services, voluntary compliance agreements, and co-operation with international organisations, focused on strengthening local capacities and professionalising environmental management.

The current regulatory approach in the Dominican Republic can therefore be characterised as preventative, co-operative, and increasingly rigorous, seeking to balance the promotion of sustainable development with the effective enforcement of sanctions against serious environmental offences.

Environmental authorisations in the Dominican Republic may only be transferred with the prior and express approval of the Ministry of Environment and Natural Resources (MIMARENA), in order to ensure continuity of environmental obligations and traceability of the project’s responsible party. This requirement exists because licences, permits and certifications are designed to be linked to both the project and its original holder.

In practice, when there is a sale, assignment or change of control of a company or project with an active environmental authorisation, the new owner must formally request from MIMARENA the transfer of that authorisation. The request must include:

• legal documentation evidencing the transfer or acquisition; and
• a formal declaration that the new holder fully assumes all environmental obligations arising from the project.

MIMARENA reviews the application and, if deemed compliant, issues an administrative resolution recognising the new holder and maintaining the validity of the original authorisation under the new name. Failure to comply with this procedure may render the licence or permit unenforceable or expired before the state, leaving the project subject to sanctions or suspension of operations.

Failure to comply with the conditions established in an environmental licence, permit or certificate constitutes an administrative offence under Law No 64-00 on the Environment and Natural Resources. Depending on the severity and nature of the violation, administrative, civil or criminal consequences may arise.

At the administrative level, the Ministry of Environment and Natural Resources (MIMARENA) is empowered to:

• impose fines;
• suspend or revoke environmental authorisations;
• order the temporary or permanent closure of operations; or
• mandate the immediate implementation of mitigation and remediation measures.

In cases of repeated offences or severe environmental damage, the Ministry may revoke the authorisation and refer the case to the Public Prosecutor’s Office for criminal proceedings.

At the civil level, the project holder is obligated to repair or compensate for environmental damage, in accordance with the principle of objective and joint liability, which requires responsibility even in the absence of intent or negligence.

When non-compliance constitutes an environmental crime – such as pollution, illegal logging or unlawful discharges – the Office of the Specialised Environmental Prosecutor (PEDMA) intervenes to pursue criminal prosecution. In addition to the obligation to restore affected ecosystems, criminal penalties may include:

• imprisonment;
• confiscation; and
• aggravated fines.

In the Dominican Republic, environmental damage or non-compliance with environmental regulations may give rise to administrative, civil and criminal liability. Such responsibility may fall upon the following:

• operators;
• owners;
• developers; or
• any natural or legal person who directly or indirectly causes, tolerates or benefits from environmental harm.

At the administrative level, the Ministry of Environment and Natural Resources (MIMARENA) may, on its own initiative, impose:

• fines;
• suspensions;
• closures;
• revocations of permits; and
• orders for immediate mitigation or restoration measures.

These sanctions apply both to the project holder and to their legal representatives.

At the civil level, an objective and joint liability system applies, requiring reparation or compensation for environmental damage even in the absence of intent or negligence. This liability may also extend to landowners if it is proven that they tolerated the damage or failed to adopt preventative measures.

At the criminal level, both natural and legal persons may be prosecuted for environmental crimes. Sanctions, under the direction of the Office of the Specialised Environmental Prosecutor (PEDMA) include:

• imprisonment;
• confiscation;
• aggravated fines; and
• the obligation to restore affected ecosystems.

Law No 64-00 on Environment and Natural Resources establishes a regime of objective and joint liability, under which any person who causes, tolerates or benefits from environmental damage may be required to repair or compensate for it, even without intent or negligence. This principle allows liability for historical environmental damage to extend to the current owner or operator, even if they were not the original polluter.

In practice, the environmental authority distinguishes between historical and closed damages, for which responsibility lies with the original offender, and continuous or unremedied damages, where the new holder may be considered co-responsible if they benefit from the asset or fail to take mitigation or notification measures.

The acquirer, however, retains the right of recourse against the original polluter, pursuant to Article 1251 of the Civil Code, which governs the right of reimbursement among joint debtors. In other words, while the obligation to repair may transfer in practice, fault remains with the original offender.

There is no formal mechanism for exemption, so buyers commonly conduct environmental due diligence and agree on indemnity or warranty clauses when acquiring contaminated assets or land.

In the Dominican Republic, liability for environmental damage is broad and governed by the principle of objective and joint responsibility established by law. However, both civil law and the administrative framework recognise certain limits and exemptions from liability, applicable under specific conditions.

In the civil sphere, environmental damage falls under extra-contractual liability, requiring proof of damage, causal link, and generating act. Liability may be mitigated or excluded when it is demonstrated that:

• the event was caused by force majeure or unforeseeable circumstances, such as natural disasters; or
• it resulted from the exclusive act of a third party, without the holder’s involvement.

At the administrative level, MIMARENA may consider mitigating factors such as:

• compliance with the conditions established in the environmental licence;
• immediate voluntary repair or mitigation;
• co-operation with the authority during investigation or restoration; and
• force majeure or unavoidable external causes.

In all cases, the Dominican system applies the principle of proportionality, ensuring that sanctions or reparations correspond to the following:

• severity of the damage;
• degree of involvement; and
• diligence demonstrated by the responsible party.

The Dominican legal framework adopts a dual attribution model, under which both the company and its executives may be held simultaneously liable for environmental damage or regulatory violations, in accordance with the following regarding environmental crimes:

• Law No 64-00 on the Environment;
• Law No 155-17 on Anti-Money Laundering and Counter-Terrorism Financing; and
• the Criminal Code.

Administrative liability falls directly on the company holding the licence or regulated activity, which may be sanctioned by MIMARENA through:

• fines;
• closure;
• suspension or revocation of permits; and
• disqualification from contracting with the state.

This liability is objective and joint, extending to company representatives and subsidiaries.

In the criminal sphere, the law explicitly recognises the criminal liability of legal persons when offences are committed on behalf of or for the benefit of the entity. This does not exclude the personal liability of directors, managers or employees who participated in or authorised the offence. Penalties may include:

• aggravated fines;
• confiscations;
• suspension of operations;
• damage repair; and
• judicial dissolution of the entity.

In the Dominican Republic, the tax system does not have a formal “green tax” regime, but it does incorporate scattered fiscal measures aimed at promoting sustainability and discouraging polluting activities. The main instruments include the following.

• Environmental service fees charged by the Ministry of Environment and Natural Resources (MIMARENA) for the issuance of licences, permits and environmental impact assessments.
• Solid waste management contribution, established under Law No 225-20, which includes payments for final disposal and co-processing.
• Selective tax on the consumption of fossil fuels, regulated by Law No 112-00, designed to discourage the use of petroleum derivatives and to finance the Fuel Stabilisation Fund.
• Exploitation rights and environmental compensations in the mining and energy sectors, pursuant to the Mining Law and the Renewable Energy Law.
• Municipal taxes on waste disposal and public cleaning services, provided for under Law No 176-07.
• Vehicle tax based on CO₂ emissions, applied to the registration of new vehicles according to their emission levels, intended to encourage cleaner and more efficient technologies.

In the Dominican Republic, there are fiscal and financial incentives designed to promote sustainable practices, although not under a unified “environmental citizenship” framework.

• Law No 57-07 on Incentives for the Development of Renewable Energy Sources grants 100% exemptions from income tax, VAT, customs duties and import taxes for ten years to clean energy projects and associated equipment.
• The Green and Social Taxonomy and the issuance of sovereign green bonds (2024–2025) have expanded access to preferential financing for environmentally responsible investments.
• Law No 225-20 on Integrated Solid Waste Management and Co-processing provides benefits and recognition to companies implementing circular economy practices and waste recovery initiatives.

Environmental liability in the Dominican Republic primarily falls on the legal entity holding the licence or regulated activity, with the patrimonial autonomy of shareholders and parent companies generally preserved. However, liability may be extended when there is evidence of:

• effective control;
• asset commingling;
• fraud against the law; or
• direct economic benefit derived from the environmental violation.

In such cases, the authorities or courts may pierce the corporate veil and declare the joint liability of shareholders or the parent company together with the operating subsidiary. Although there is no systematic jurisprudence on this matter, MIMARENA and the Office of the Specialised Environmental Prosecutor (PEDMA) have acknowledged the possibility of joint attribution in situations of shared management or active participation in the project’s environmental operations.

In the Dominican Republic, environmental, social and governance (ESG) requirements are being progressively integrated into public regulation and corporate practice, although there is not yet a single comprehensive law governing them.

In the environmental (E) component, the Environmental Law and the Solid Waste Management Law establish obligations for prevention, management and reporting of environmental impacts, including licensing, audits, monitoring and management plans overseen by the Ministry of Environment and Natural Resources.

In the social (S) dimension, companies must comply with occupational health and safety, labour rights and community participation standards, in accordance with the Labour Code and ILO conventions. Projects subject to environmental assessment must include social management plans and public consultation processes.

Regarding governance (G), the Anti-Money Laundering Law, the Companies Law and the regulations of the Superintendency of the Securities Market impose transparency, compliance and corporate governance requirements, reinforced by the General Directorate of Ethics and Government Integrity.

Since 2023, the Green and Social Taxonomy and the issuance of sovereign green bonds have incorporated ESG criteria into public and private investment, with reporting, verification and monitoring mechanisms aligned with international standards.

The Ministry of Environment and Natural Resources (MIMARENA) may order mandatory environmental audits (scheduled or surprise) as part of the supervision and monitoring process for environmental licences, permits or certifications. Likewise, companies engaged in industrial, extractive, energy or tourism activities commonly conduct voluntary compliance audits to verify the implementation of their Environmental Management and Adaptation Plans (PMAA) and to update their records with MIMARENA. In both cases, audits must be conducted by environmental consultants duly accredited by the Ministry.

In the Dominican Republic, directors, administrators and legal representatives may be held personally liable for environmental violations or damages committed by a company if they participated in, authorised or tolerated the unlawful conduct, without prejudice to the entity’s own criminal liability.

Applicable sanctions include:

• personal fines;
• prison sentences of up to ten years in cases of severe pollution or recidivism;
• professional disqualification or suspension from office; and
• joint liability for the repair or compensation of the damages caused.

Although Dominican law does not prohibit insurance coverage, directors’ and officers’ (D&O) liability policies only cover financial risks arising from negligent acts, generally excluding coverage for intentional acts or criminal offences. Some local and regional insurers offer limited extensions covering defence costs or administrative fines, but not personal criminal liability.

In the Dominican Republic, environmental insurance is offered as a specialised coverage within civil liability policies, though its use remains limited. Some local and regional insurers market products covering:

• accidental damages;
• clean-up;
• remediation; and
• legal defence.

There is no mandatory legal regime for environmental insurance, but the Ministry of Environment and Natural Resources may require the contracting of an environmental liability policy as a condition for granting licences or permits for high-risk projects, particularly in the mining, energy, industrial and port sectors. Policies typically exclude:

• intentional or wilful acts;
• gradual or pre-existing pollution;
• criminal or administrative penalties; and
• damages resulting from deliberate non-compliance.

In practice, environmental insurance functions as a voluntary risk management and compliance tool, complementing the legal remediation obligations and the conditions of the environmental licence.

In the Dominican Republic, financial institutions and creditors are not automatically liable for environmental damages caused by the projects they finance. However, Law No 64-00 on Environment and Natural Resources allows liability to be extended to any person who causes, tolerates or benefits from environmental harm, which could include a creditor exercising effective control or direct involvement in the project’s management.

In practice, banks and investors implement environmental due diligence (ESG due diligence) policies, requiring environmental licences, impact studies and regulatory compliance as conditions for financing. Institutions operating with multilateral funds also apply the Environmental and Social Performance Standards and include risk mitigation clauses in their contracts.

Although there is no jurisprudence holding lenders directly liable, the Dominican regulatory framework promotes preventative co-responsibility, particularly where there is operational control or clear economic benefit.

Lenders and financial institutions in the Dominican Republic manage their environmental risk exposure through a combination of the following:

• pre-financing due diligence;
• contractual guarantees; and
• continuous monitoring.

Before financing, banks conduct an environmental and social (ESG) due diligence to verify the validity of the environmental licence, the absence of environmental liabilities, and compliance with management plans approved by MIMARENA, in line with the Green and Social Taxonomy of the Dominican Republic, the Central Bank’s standards, and the Superintendency of Banks’ recommendations on environmental risk management.

Loan agreements typically include clauses that:

• require the maintenance of valid environmental permits;
• expressly assign compliance responsibility to the borrower;
• obligate the reporting of any non-compliance or environmental incident;
• allow suspension of disbursements or acceleration of repayment in case of violation; and
• authorise the bank to conduct environmental audits or inspections.

Additionally, some lenders require environmental liability insurance or remediation guarantees as a precondition for financing.

In the Dominican Republic, civil actions for environmental damages may be filed when ecological, patrimonial or moral harm results from a polluting activity or any act contrary to environmental regulations. Such actions may be brought by affected individuals or legal entities, recognised environmental associations, or by the state itself, through the Ministry of Environment and Natural Resources or the Specialised Environmental Prosecutor’s Office.

Since liability is objective and joint, the claimant does not need to prove intent or negligence, but only the existence of damage and its causal link to the defendant’s activity. Courts may order the following:

• monetary compensation;
• restoration measures;
• suspension of harmful activities; or
• in natura reparation.

Claims are generally heard before the ordinary civil courts, although when the damage involves administrative acts (such as licences or permits), they may also be brought before the administrative litigation jurisdiction.

The Dominican legal system does not expressly recognise punitive or exemplary damages as an autonomous concept within civil law. Compensation for environmental harm is governed by the principle of full reparation, aimed at restoring ecological balance and compensating affected parties. However, courts may increase the compensation amount when the damage results from intentional, fraudulent or repeated conduct, thereby incorporating an implicit deterrent function within the calculation of compensation or moral damages.

In the criminal sphere, Law No 64-00 provides for aggravated fines and imprisonment based on the severity of the environmental harm, but such penalties are criminal, not civil in nature. Consequently, civil reparation for environmental damage in the Dominican Republic is compensatory and restorative, rather than punitive.

In the Dominican Republic, Law No 64-00 on Environment and Natural Resources expressly recognises collective or diffuse interest actions for the protection of the environment, establishing that any individual, association or public or private entity may initiate judicial proceedings to prevent, halt or remedy environmental harm affecting the community.

Although the law does not establish a specific class action procedure similar to that of common law jurisdictions, in practice, collective claims are filed through environmental associations, foundations or duly registered community groups representing common interests.

The Ministry of Environment and the Specialised Environmental Prosecutor’s Office may also initiate civil or criminal actions in defence of the public environmental interest.

Several landmark environmental cases in the Dominican Republic have strengthened the judicial protection of natural resources and community rights. A significant example is El Naranjo v Barrick Gold (2025), where residents of Sánchez Ramírez challenged the expansion of a mining project, citing forced displacement, lack of prior consultation, and contamination of local water sources. The judiciary’s intervention emphasised the state’s duty to balance economic activity with environmental integrity and social rights.

Another precedent-setting decision was issued by the Constitutional Court in Ruling TC/0458/21 (2021), which examined the legality of permits for extractive operations in the Mar Palmarejo mine. The Court reaffirmed that no industrial activity may proceed in environmentally sensitive areas without complete and reliable environmental impact assessments, reinforcing the preventative and precautionary principles established in Law 64-00.

Together, these rulings reflect a growing judicial trend towards the following as essential components of environmental governance:

• strict enforcement of environmental law;
• increased scrutiny of government authorisations; and
• recognition of citizen participation and community consultation.

In the Dominican Republic, parties may contractually allocate environmental risks, including indemnity, guarantee, or hold-harmless clauses covering incidental damages or regulatory breaches. Such agreements are valid and enforceable between the parties, in accordance with the principle of freedom of contract recognised by the Civil Code.

However, these agreements do not extinguish or limit liability toward the state, since Law No 64-00 on Environment and Natural Resources imposes a legal obligation of objective and joint reparation. Consequently, even where a private indemnity clause exists, MIMARENA or the Environmental Prosecutor’s Office (PEDMA) may still demand damage remediation or sanctions from the licence holder or responsible operator.

In practice, contractual indemnities serve as instruments of internal risk allocation, commonly used in mergers, acquisitions or industrial leases, but they do not release parties from administrative liability. The party that undertakes the repair may subsequently file a recourse action against the counterparty under Article 1251 of the Civil Code.

In the Dominican Republic, soil contamination and remediation are governed by Law No 64-00 on Environment and Natural Resources and the Regulation for Environmental Control, Monitoring and Inspection, which impose the duty to prevent, control and restore soil and subsoil degradation. MIMARENA is the competent authority to identify contaminated sites, order remediation and supervise corrective measures, based on the Environmental Standards on Soil and Groundwater Quality.

When contamination is detected, MIMARENA may require the landowner or operator to submit a Remediation and Monitoring Plan, including clean-up, containment or ecological restoration measures. In cases of abandonment, the state may carry out remediation subsidiarily and recover the associated costs from the responsible party.

The Dominican regulatory approach is both corrective and increasingly preventative, encouraging the evaluation of environmental liabilities in industrial, mining and energy operations, as well as voluntary early management as a means of compliance and sanction reduction.

Law No 64-00 on Environment and Natural Resources establishes that the responsibility to clean or remediate contaminated land lies with any person who causes, tolerates or benefits from environmental damage. Consequently, the operator or landowner may be required by the Ministry of Environment and Natural Resources (MIMARENA) to carry out decontamination measures, regardless of their direct involvement in the incident.

This obligation is public and non-delegable vis-à-vis the state, although it may be contractually transferred between private parties through indemnity or risk-allocation clauses, without exempting the holder from liability before the authorities. MIMARENA retains the authority to order remediation by the identified responsible party or, if necessary, to undertake it subsidiarily and recover the costs from those liable.

When multiple persons or entities contribute to contamination, Law No 64-00 on Environment and Natural Resources establishes a regime of joint and several liability, under which all involved parties are collectively liable to the state for the reparation or compensation of the damage. The Ministry of Environment and Natural Resources may demand full restoration from any of the responsible parties, who then retain the right of recourse among themselves under Article 1251 of the Civil Code.

In practice, authorities and courts consider factors such as the following to internally apportion responsibility:

• causal participation;
• degree of control;
• benefit obtained; and
• demonstrated diligence.

This regime aims to ensure effective and immediate remediation of environmental harm, avoiding procedural delays and ensuring that the final cost falls upon those who caused, tolerated or benefited from the damage.

In the Dominican Republic, locus standi rules are broad and flexible, reflecting the public and collective nature of the right to a healthy environment. The Constitution and Law No 64-00 on Environment and Natural Resources grant extensive standing to bring actions for pollution or environmental harm.

The following parties may initiate civil, administrative or criminal actions:

• natural or legal persons affected;
• legally recognised environmental associations and foundations;
• municipalities and other state bodies acting in defence of the collective interest;
• Ministry of Environment and Natural Resources (MIMARENA); and
• Specialised Environmental Prosecutor’s Office (PEDMA).

There is no requirement to prove direct or personal interest, as environmental damage is treated as a diffuse and collective right. Actions may be brought against the polluter, landowner or occupant, and this broad standing facilitates citizen participation and the effective protection of the environment.

The investigation of environmental accidents in the Dominican Republic is carried out through an administrative and technical procedure co-ordinated by the Ministry of Environment and Natural Resources (MIMARENA), with support from the National Environmental Protection Service (SENPA). The process combines immediate control actions, administrative investigation, and, when applicable, civil or criminal prosecution.

• Notification and initial response – The project holder or any person who becomes aware of the incident must immediately notify MIMARENA. The authority conducts an urgent inspection to assess the magnitude of the event and determine if it poses an imminent risk to health or the environment.
• Technical inspection – Environmental inspectors collect samples, document findings, identify sources and verify compliance with the environmental authorisation conditions.
• Determination of responsibility – Based on the technical report, the Ministry determines the cause, responsible parties and extent of the damage, and initiates, if applicable, an administrative sanctioning procedure with due process rights.
• Remediation and co-ordination – The responsible party must prepare and implement an environmental restoration plan, approved and monitored by MIMARENA, which may co-ordinate with the Emergency Operations Centre (COE) in cases involving risks to public health or safety.

If serious damage or negligence is confirmed, an administrative sanctioning file is opened, without prejudice to referral to the Public Prosecutor’s Office for criminal action.

The Dominican Republic is a party to the main international instruments on climate change, including the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement, through which it committed to reducing emissions and strengthening the resilience of its ecosystems and communities. These commitments are implemented via the Nationally Determined Contribution (NDC 2022–2030), which sets a 27% emission reduction target and adaptation measures in sectors such as energy, water, agriculture and tourism.

Domestically, the Constitution and Law No 64-00 on Environment and Natural Resources establish the principles of precaution, prevention, sustainability and shared responsibility, while the National Climate Change Policy (PNCC) and the National Development Strategy 2030 (Law No 1-12) guide state action towards a low-carbon development model.

The National Council for Climate Change and the Clean Development Mechanism (CNCCMDL) co-ordinates national policies and financing, supported by instruments such as the Green and Social Taxonomy (2023) and the issuance of sovereign green bonds (2024–2025), consolidating a transition towards a sustainable and climate-resilient economy.

Overall, the Dominican climate framework is guided by the following principles:

• precaution;
• prevention;
• intergenerational equity;
• common but differentiated responsibility; and
• sustainability.

These principles shape public planning, project evaluation and environmental management at both national and municipal levels.

The Dominican Republic has made formal commitments to reduce greenhouse gas (GHG) emissions, as outlined in its Nationally Determined Contribution (NDC 2022–2030), submitted to the United Nations Framework Convention on Climate Change (UNFCCC) in compliance with the Paris Agreement.

According to the Second NDC, updated in 2022, the country pledges to cut GHG emissions by 27% by 2030 compared to the business-as-usual scenario, with most reductions being conditional on international financial and technological support. The targeted sectors include:

• energy;
• transport;
• agriculture;
• waste management; and
• land use.

The adopted measures include:

• renewable energy expansion;
• energy efficiency;
• electric mobility;
• integrated waste management; and
• large-scale reforestation.

These goals are further embedded in Law No 1-12 on the National Development Strategy (END 2030), which prioritises the transition towards a low-carbon, climate-resilient economy, and in the National Climate Change Policy (PNCC) adopted in 2015.

The management of asbestos and polychlorinated biphenyls (PCBs) in the Dominican Republic is governed by a regulatory framework based on the principles of precaution, prevention and progressive elimination of toxic substances, in line with the country’s commitments under the Stockholm Convention on Persistent Organic Pollutants and the Basel Convention on Hazardous Wastes, both ratified by the nation.

Domestically, Law No 64-00 on Environment and Natural Resources prohibits the import, use and improper handling of toxic or hazardous substances, and mandates the prevention, control and elimination of those posing risks to human health or the environment. The Technical Environmental Regulation for the Management of Hazardous Chemical Substances and Wastes establishes specific measures for control, storage and final disposal.

Additionally, Law No 225-20 on Integrated Solid Waste Management and Co-processing introduces a comprehensive regime for hazardous or special-waste management, placing direct responsibility on the generator for safe handling in accordance with technical standards approved by the Ministry of Environment and Natural Resources.

Waste management in the Dominican Republic is primarily governed by Law No 225-20 on Integrated Solid Waste Management and Co-processing and its Implementing Regulation, which establish a comprehensive system based on the principles of prevention, circular economy and extended producer responsibility, complementing Law No 64-00 on Environment and Natural Resources.

The Ministry of Environment and Natural Resources is the competent authority to regulate, monitor and sanction the management of solid, hazardous and industrial waste. All collection, transport, treatment and final disposal activities require environmental authorisation and are subject to traceability and technical oversight in accordance with regulations.

The framework is reinforced by the Technical Environmental Regulation for the Management of Hazardous Chemical Substances and Wastes, which sets storage and disposal standards. The National Solid Waste Policy promotes reduction, reuse, recycling and recovery, incorporating incentives and compliance mechanisms that support the transition towards modern and sustainable waste management.

In the Dominican Republic, the responsibility of the waste generator or producer is not automatically extinguished upon delivery to a third party. The generator retains joint and several liability for the management and final disposal of its waste until it is properly treated or eliminated in accordance with the technical standards approved by the Ministry of Environment and Natural Resources (MIMARENA).

This responsibility persists even after the waste has been handed over or disposed of by a third party if the generator fails to comply with legal obligations regarding handling, traceability or selection of authorised managers. Liability may only be discharged if the generator can document that the waste was transferred to a duly authorised operator, ensuring full traceability of transport, treatment and final disposal.

If the third party breaches regulations or causes contamination, MIMARENA may extend liability to the original generator, particularly when there is an absence of valid records or management contracts. This framework embodies the Extended Producer Responsibility (EPR) principle, which holds the generator accountable for the entire life cycle of the waste, even after its disposal.

The Dominican Law on Integrated Solid Waste Management and Co-processing and its Implementing Regulation introduce the principle of Extended Producer Responsibility (EPR), under which manufacturers, importers and distributors must assume the environmental management of their products once they reach the end of their life cycle.

Although there is no general obligation to design products for dismantling or recycling, the law promotes eco-design and source prevention, encouraging the manufacture of durable, reusable and recyclable products.

The Ministry of Environment and Natural Resources may require producers to recover, recycle or properly dispose of products that become waste through sector-specific management plans or voluntary and regulatory agreements, particularly in sectors such as the following:

• packaging;
• plastics;
• used tyres;
• lubricants; and
• electrical or electronic equipment.

In such cases, producers must:

• establish collection, return and recovery systems;
• register with the National Waste Management System; and
• ensure traceability of the process through to final disposal.

Waste operators – including collectors, transporters, managers and co-processors – must be registered and obtain environmental authorisation from the Ministry of Environment and Natural Resources (MIMARENA). They are required to comply with technical standards for storage, transport, treatment and final disposal, and to maintain traceability and periodic reporting systems.

Their rights include:

• participating in integrated management programmes;
• receiving compensation for duly authorised services; and
• accessing incentives for recycling and recovery projects.

Their obligations cover:

• the safe handling of waste;
• prevention of leaks or contamination;
• submission of contingency plans; and
• the exclusive use of authorised facilities.

Non-compliance may result in:

• fines;
• suspension or revocation of licences;
• temporary or permanent closures; and
• criminal liability under Law No 64-00 (in severe cases).

MIMARENA retains inspection and sanctioning powers, ensuring the environmental traceability and integrity of the waste management system.

Companies and projects with environmental impact are required to periodically report to the Ministry of Environment and Natural Resources (MIMARENA) on compliance with the conditions set forth in their licence, permit or environmental certificate. They must immediately notify any environmental incident or accident, as well as any significant operational or impact-related changes. Holders are also required to submit environmental monitoring reports, audits and updated management plans, certified by accredited environmental consultants.

Although there is no general obligation for public disclosure by companies, the Law on Free Access to Public Information and the citizen participation principle under Law No 64-00 allow any person or community to request environmental information from MIMARENA or to participate in consultation and public hearings during project evaluation processes.

Failure to disclose, falsifying or withholding information may result in fines, suspension, or revocation of the environmental licence, and, in severe cases, criminal liability for environmental harm or document falsification.

Access to environmental information is a right guaranteed by the Dominican Constitution and Law No 200-04 on Free Access to Public Information, applicable to all state entities. Any person may request environmental information held by public authorities without needing to prove interest or justify the purpose of the request.

For this purpose, public authorities and bodies include ministries, decentralised institutions, state-owned companies, municipalities, autonomous agencies, and any entity that manages public funds or provides public-interest services – including the Ministry of Environment and Natural Resources (MIMARENA) and its subsidiaries.

Except when the information is confidential, strategic or related to industrial property, the public may access the following:

• environmental licences;
• impact studies;
• compliance reports;
• sanctions;
• resolutions; and
• management plans.

Failure to uphold transparency obligations may result in administrative sanctions and functional liability for public officials.

In the Dominican Republic, there is no general obligation for companies to disclose environmental information in their annual reports. However, certain regulated sectors – such as energy, mining and finance – must report on environmental compliance and sustainability performance to their respective sectoral or financial authorities.

Law No 64-00 and Law No 225-20 require companies to submit periodic reports to MIMARENA on licence compliance and waste management, although these reports are not public unless requested under Law No 200-04 on Free Access to Public Information.

Some companies, particularly those supervised by the Central Bank or the Superintendency of Banks, voluntarily incorporate ESG and sustainability criteria, in line with national guidelines and international standards.

The Dominican Republic is developing a sustainable finance framework centred on the Green and Social Taxonomy (2023), prepared by:

• the Ministry of Economy, Planning and Development (MEPyD);
• the Ministry of Finance;
• the Central Bank; and
• the Superintendency of Banks.

This tool defines criteria for classifying investments and projects as green, social or sustainable, in alignment with the UN Sustainable Development Goals (SDGs) and the Paris Agreement.

In 2024, the country issued its first sovereign green bond for USD750 million, aimed at financing renewable energy, clean transport, waste management and climate adaptation projects. The use and allocation of funds are audited under ICMA’s Green Bond Principles.

The Central Bank, the Superintendency of Banks, and the Ministry of Finance oversee green financial operations, while MIMARENA and the National Council for Climate Change (CNCCMDL) verify the environmental and climate coherence of supported projects. This framework promotes the nation’s transition towards a low-carbon and sustainable economy.

Environmental due diligence has become a standard practice in mergers and acquisitions (M&A), financial transactions and real estate negotiations, especially when the companies or assets involved engage in industrial, energy, tourism or infrastructure activities.

Although not a legal requirement, environmental due diligence is conducted to identify regulatory risks, environmental liabilities and legal contingencies prior to closing a transaction. Its purpose is to verify compliance with the following:

• Law No 64-00 on Environment and Natural Resources;
• Law No 225-20 on Integrated Solid Waste Management; and
• any environmental authorisation, permit or licence issued by the Ministry of Environment and Natural Resources.

In financing operations, banks and credit institutions typically require a preliminary environmental assessment in line with their ESG risk policies and the criteria established by the Green and Social Taxonomy, particularly for energy, construction or mining projects.

Environmental due diligence typically involves:

• a document review of licences, impact assessments, compliance reports, past sanctions, and waste or emissions records;
• a technical site inspection;
• an evaluation of potential environmental liabilities that may entail remediation, closure or delayed compliance costs; and
• a contractual review of indemnity clauses and allocation of environmental responsibilities between buyer and seller.

In the Dominican Republic, the seller’s obligation to disclose environmental information is not expressly established as an autonomous legal duty, but it arises from the general principles of good faith in contracts under Dominican civil law and from the truthfulness and transparency obligations imposed by environmental legislation.

Specifically, Law No 64-00 on Environment and Natural Resources provides that environmental information is of public interest, and that all individuals and legal entities must co-operate with authorities and third parties to ensure proper environmental management. Consequently, in asset or company transactions, the seller is implicitly required to disclose any relevant environmental issue that could affect the value, use or legal compliance of the asset or project.

The most frequent environmental issues in corporate or real estate transactions relate to:

• regulatory compliance;
• the existence of environmental liabilities; and
• the validity of permits issued by the Ministry of Environment and Natural Resources (MIMARENA).

It is common to find expired or conditional licences, breaches of environmental management plans, and soil or water contamination, all of which can trigger strict liability under Law No 64-00, even for the new owner.

Other recurring findings include pending administrative proceedings, deficiencies in waste traceability, and omissions in environmental disclosure by the seller, which may lead to contractual claims or asset devaluation.

Together, these factors make environmental due diligence a critical component for identifying risks, accurately valuing assets, and ensuring legal security in any corporate or real estate transaction.