Latin America: biodiversity as a constitutional right – litigation trends in Latin America and Caribbean

In Brazil, the 2020 institute of amazon studies case tackles illegal deforestation tied to soy and cattle farming, demanding restoration and better monitoring of forestry areas. Lhaka Honhat association v. Argentina (2020) ruled biodiversity loss from illegal logging and oil exploration violated indigenous rights. In PSB v. Brazil (amazon fund), plaintiffs are challenging mismanagement of amazon protection resources, emphasizing accountability and transparency.

Other notable cases include Colombia’s ban on mining in páramo ecosystems, Ecuador’s protection of Los Cedros forest in gad Santa ana de Cotacachi v. Ministry of environment, and Colombia’s scrutiny over bee population declines. Fisheries cases in Chile and Peru also set critical precedents, like Chile’s 2021 ruling aligning quotas with scientific recommendations and Peru’s anchovy industry reforms addressing bycatch and overfishing.

Biodiversity intersects with ESG frameworks, highlighting corporate accountability. The EU’s corporate sustainability reporting directive influences LAC business practices, promoting biodiversity accountability in supply chains. Indeed, companies are facing increasing scrutiny due to the lack or insufficiency of sustainable policies to prevent environmental damage. Cases such as Envol Vert v. Casino illustrate how corporate accountability in supply chains is gaining prominence, particularly as international frameworks like the EU’s corporate sustainability reporting directive influence corporate obligations in Latin America and the Caribbean.

The rise of mandatory sustainability disclosures is imposing greater transparency requirements on corporations. In this scenario, inaccuracies or omissions in sustainability reports, which may lead to legal challenges, and failures to meet disclosure requirements, resulting in non-compliance lawsuits. In Brazil, for instance, the securities commission (CVM) mandates publicly traded companies to disclose comprehensive ESG metrics, reinforcing the need for robust monitoring and reporting systems. To mitigate risks, companies must ensure transparency in their sustainability practices and maintain compliance with evolving disclosure regulations.

Mainstreaming biodiversity in LAC promotes economic diversification, development, and climate resilience. Indigenous knowledge, local governance, and sustainable corporate practices are key to aligning conservation with growth.