Case Law Database
Moncayo v. PetroAmazonas
| Date of Application: | Thu, 20 Feb 2020 |
|---|---|
| Date of Decision: | Tue, 26 Jan 2021 |
| Decision Making Body: | Sucumbíos Provincial Court of Justice |
| Law Applied: | Constitution of Ecuador Paris Agreement |
| Keywords: | Pollution |
Moncayo v. PetroAmazonas, Ministry of Energy and Non-Renewable Natural Resources, and Ministry of the Environment
At issue: Whether the government’s practice of gas flaring contributes to climate change and violates constitutionally protected rights to health and a healthy environment and the rights of nature and environmental principles, such as sustainable development and the state’s obligation to adopt policies and measures to prevent negative environmental impacts.
Summary: On Tuesday 26th January 2020, the appeals court judge granted the plaintiffs’ appeal, revoking a lower court’s sentence and finding a violation of constitutionally protected rights to health, a healthy environment, the rights of nature, and environmental principles, such as sustainable development and the state’s obligation to adopt policies and measures to prevent negative environmental impacts. Companies have 18 months to begin the phase-out of existing flares and end the practice by 2030.
Court documents: Not available
Related CRC articles
Cited CRC articles
Involvement of children in hearings
- Written presentation
Intergenerational rights
Future generations
Outcome of decision for the applicants
- Relief sought by applicants granted
The court “accepts the appeal filed by the plaintiffs and declares that the Ecuadorian state has ignored the right of the plaintiffs to live in a healthy and ecologically balanced environment, disregarding their right to health by not providing or promoting the use of environmentally clean technologies and non-polluting and high-impact energy” and finds that Ecuador has systematically violated its international obligations on climate change, and its national commitments to reduce CO2 emissions into the atmosphere. Companies have 18 months to begin the phase-out of existing flares and end the practice by 2030.
Did outcome of decision develop the law
- Yes
This is the first judgment of its kind and provides precedent for future human rights based cases.
Involvement of NGO/law firm in application
Pablo Fajardo (one of the lawyers)
Union of People Affected by Texaco (UDAPT)
Clínica Ambiental
Available information on how children got involved in the litigation
Age range of litigants
- 8-12
- 13-17
Number of children or youth involved
9