Costa Rica’s Constitutional Chamber has ordered the suspension of tree-felling permits, construction authorizations, and density modifications tied to a hotel development in the Papagayo Gulf Tourist Complex, pending the resolution of a constitutional challenge that accuses regulators of fast-tracking the project without adequate environmental review.
The decision was handed down by investigating magistrate Fernando Cruz in the context of a constitutional challenge filed by attorney Juan Pablo Xatruch Ovares against the regulation that governs real estate development in the tourist hub — the same regulation that allowed logging permits to be granted for the hotel project.
“As the investigating judge, I adopted the requested precautionary measure, which aligns with the conditions and characteristics of the case, suspending any activity related to this hotel development or the felling of trees in that area,” Cruz explained. “Until a decision is reached, to prevent irreparable harm in the event that the complaint is upheld — though that is still uncertain — this is a precautionary measure to maximize the protection of the claims and objections in the lawsuit.”
The lawsuit, filed under case number 25-024408-0007-CO, challenges a regulation that permits the transfer of building rights between plots of land. According to the petitioner, the mechanism could exceed the density limits established by the concession and undermine the originally planned low-density development model for the Papagayo Gulf.
The action argues that the regulation threatens the fundamental right to a healthy and ecologically balanced environment, “since it was approved without sufficient technical studies, a strategic environmental assessment, or public consultation processes, and without a comprehensive analysis of cumulative impacts and environmental carrying capacity.”
Until the merits of the case are resolved, or unless otherwise ordered, magistrate Cruz has directed the following:
A total moratorium on the issuance of tree-cutting permits in the Papagayo Gulf Tourist Complex in the context of the hotel project; the suspension of construction permits and density modifications within the complex; and the suspension of administrative acts — particularly those issued by MINAE, SETENA, and ICT — under the regulations challenged in the action.
The logging authorization at the center of the dispute was issued by SINAC’s Tempisque Conservation Area, based on an environmental viability study produced by SETENA. In parallel to the constitutional action, Frente Amplio lawmaker-elect Edgardo Araya has filed an amparo appeal questioning the conduct of the Ministry of Environment and Energy in the same case.
MINAE Defends The Permit
The Ministry of Environment and Energy has pushed back on the characterization of the authorization, arguing that the permit “does not involve the removal of a protected forest, as defined by Costa Rican forestry legislation. The work was authorized in an area that does not meet the legal criteria for a forest, following a technical field inspection and a cartographic review.”
“The number of authorized trees is derived from a duly reviewed forest inventory, which includes information on species, phytosanitary status, and location. The authorization was issued based on technical criteria and does not constitute an indiscriminate logging permit,” the ministry added.
The case has stirred significant controversy in Guanacaste and beyond, with environmental groups calling for protests in defense of Costa Rica’s natural heritage. The Constitutional Chamber’s ruling on the merits is still pending.
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