Council of State denied suspending regulation of fracking pilots in Colombia

The Council of State denied provisionally suspending the regulation of unconventional hydrocarbon exploitation pilots through fracking.

Decree 328 of 2020 had been sued on the grounds that it had been issued in disregard of the precautionary principle and contrary to the right to prior consultation, which protects the cultural integrity of ethnic communities.

The Council of State indicated that it is not evident, from the elements available at this procedural stage, a direct opposition between the accused act and the higher standards invoked by the plaintiffs.

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In relation to the alleged violation of the right to prior consultation of the communities of the Middle Valley of Magdalena, the judicial authority indicated that it is not possible to conclude, in this procedural instance, that the fundamental right of indigenous and Raizal peoples is being ignored. and tribals to be consulted prior to the development of this type of initiative.

However, the Council of State clarified that it will be in the course of the process that it will be determined whether this charge proceeds to undermine the legality of the decree.