Best Energy, Environment & ESG Lawyers in Colombia

About Energy, Environment & ESG Law in Colombia, Colombia

Colombia has become a leading country in Latin America regarding the adoption and enforcement of laws that protect the environment, regulate energy production and use, and promote Environmental, Social, and Governance (ESG) best practices. The legal framework in Colombia addresses issues across the lifecycle of energy projects, includes provisions for the sustainable use of resources, environmental protection, and the integration of ESG principles in both public and private sectors. As such, this field blends regulatory requirements for environmental licenses, renewable energy incentives, duty to consult with indigenous peoples, and obligations related to corporate sustainability.

Why You May Need a Lawyer

Seeking legal support in Energy, Environment, and ESG matters is essential for a variety of reasons in Colombia. Common situations include:

• Applying for permits or licenses for energy projects, including renewable energy plants
• Facing allegations or investigations for environmental damage or non-compliance
• Navigating environmental due diligence in mergers, acquisitions, or investments
• Ensuring compliance with local requirements for environmental impact studies
• Participating in consultation processes with local communities or indigenous groups
• Understanding and implementing corporate ESG strategies that align with local and international standards
• Managing disputes related to environmental fines, land use, or water rights
• Addressing climate change responsibilities under new national regulations

Expert legal guidance helps you navigate complex rules, mitigate risks, and ensure your projects or operations are both compliant and sustainable.

Local Laws Overview

Colombia’s Energy, Environment, and ESG legal landscape is anchored by various national regulations and enforcement bodies. Key laws and aspects include:

• Law 99 of 1993: Establishes the Ministry of Environment and creates a comprehensive structure for environmental protection. It is the backbone of environmental governance in Colombia.
• Law 1715 of 2014: Regulates the integration of renewable energy sources and energy efficiency into the energy market, providing incentives and setting rules for solar, wind, and other clean sources.
• Environmental Licensing and Permits: Projects with significant environmental impact, especially in mining, oil, and infrastructure sectors, require environmental licenses granted by the National Authority of Environmental Licenses (ANLA) or regional authorities.
• Consultation with Indigenous and Local Communities: Colombian law aligns with the International Labour Organization's Convention 169, requiring free, prior, and informed consultation with ethnic communities for projects affecting their territories or rights.
• Climate Change Regulation: Laws such as Law 1931 of 2018 and the Nationally Determined Contributions (NDCs) establish commitments to emissions reduction and adaptation actions regarding climate change.
• Waste and Circular Economy: Regulations aim to promote better waste management, recycling, and extended producer responsibility.
• Corporate ESG Requirements: The Colombian Superintendence of Companies encourages ESG disclosures and sustainability reporting, especially for publicly traded and significant private companies.

Frequently Asked Questions

What is an environmental license and when is it required?

An environmental license is an official permit required for projects that may cause significant environmental impact, such as mining, oil extraction, or large-scale infrastructure. It is issued after an environmental impact study and approval process by relevant authorities.

Who grants environmental licenses in Colombia?

The National Authority of Environmental Licenses (ANLA) is the primary body for major projects. Regional Environmental Corporations may issue licenses for smaller-scale projects with local impact.

What are the main laws governing ESG practices in Colombia?

ESG requirements are not found in a single law but are integrated into corporate governance laws, sustainability reporting regulations from the Superintendence of Companies, environmental protection statutes, and international agreements that Colombia has signed.

Do I need to consult with indigenous communities for my project?

Yes, if your project affects indigenous or ethnic territories or interests, Colombian law requires free, prior, and informed consultation, which must precede any project approvals or permits.

What incentives exist for renewable energy projects?

Law 1715 of 2014 and Decree 348 of 2017 establish tax exemptions, accelerated depreciation, and VAT benefits for renewable energy generation and energy efficiency investments.

How do Colombian regulations address climate change?

Colombia’s laws set targets for emissions reduction, promote adaptation measures, and require companies in certain sectors to report greenhouse gas inventories and follow mitigation plans.

What are the penalties for environmental non-compliance?

Penalties range from monetary fines to suspension or closure of operations, remediation orders, and, in severe cases, criminal liability for individuals or corporate managers.

Can communities or citizens take legal action for environmental harm?

Yes, Colombian law allows actions such as “tutela” (protection of constitutional rights), popular actions, and group actions to demand environmental protection or redress harms.

Is ESG reporting mandatory in Colombia?

While not yet mandatory for all companies, ESG disclosures and sustainability reports are increasingly encouraged, and certain sectors or large entities may face specific requirements.

How can a lawyer help me with environmental due diligence?

A lawyer can identify liabilities, assess compliance gaps, review permits and licenses, analyze contractual risk, and provide recommendations to ensure your investment is secure and sustainable.

Additional Resources

For further guidance and information, consider these resources and organizations:

• Ministry of Environment and Sustainable Development (Ministerio de Ambiente y Desarrollo Sostenible) - National authority on environmental policies and regulations.
• National Authority of Environmental Licenses (ANLA) - In charge of environmental licensing for major projects.
• Regional Environmental Corporations (CARs) - Manage environmental matters at the regional and local levels.
• Superintendence of Companies - Oversees corporate governance, including ESG and sustainability matters.
• National Mining Agency and National Hydrocarbons Agency - Regulatory bodies for extractive industries.
• Colombian Renewable Energy Association (SER Colombia) - Provides industry insights and advocacy for clean energy.
• Civil society organizations such as Fundación Natura and WWF Colombia, which are active in environmental advocacy.

Next Steps

If you need legal assistance in Energy, Environment, or ESG matters in Colombia, consider the following actions:

• Clarify your specific legal need-such as environmental licensing, compliance audit, or dispute resolution.
• Gather relevant documentation, including project plans, contracts, prior permits, and communication with authorities or communities.
• Research and reach out to a lawyer or law firm specializing in environmental, energy, or ESG law, ideally with experience in your industry.
• Prepare a clear summary of your situation and objectives to facilitate efficient communication with your legal advisor.
• Stay updated on regulatory changes, as laws in this field evolve rapidly to address global and local environmental challenges.

Legal support can make a significant difference in navigating Colombia’s comprehensive regulations and ensuring your projects and businesses are both compliant and future-proof.