Climate change and environmental Licenses: a new era of challenges and opportunities

The ruling C-280 of 2024 by the Constitutional Court represents a milestone in environmental protection in Colombia by ordering the incorporation of climate change criteria into environmental impact assessments (EIAs). This measure strengthens the state’s commitment to sustainable development and redefines corporate responsibilities.

This ruling acknowledges that climate change impacts fundamental rights such as life and health, and that ignoring it in EIAs limited the state’s ability to ensure a healthy environment. However, its implementation faces technical, administrative, and financial challenges for environmental authorities.

Companies will need to assess not only the direct impacts of their projects but also their contribution to climate change and the resilience of ecosystems and communities. This includes a comprehensive analysis of greenhouse gas emissions. Although the ruling sets a direction, there are gaps in its execution, such as the lack of technical capacity in companies and authorities, which could delay licensing and hinder compliance.

In response, the Court has urged Congress and the Ministry of Environment to define clear regulations to avoid legal uncertainty and facilitate the transition to this new environmental standard. While this ruling presents challenges, it also offers opportunities for companies to position themselves as responsible actors in a world that demands sustainability.

Javier De la Hoz from Auren Colombia