Action Against 40 MW Hydroelectric Plant

In Guatemala, a group of deputies filed an unconstitutionality action against the ministerial agreement approving the Rocja Pontila hydroelectric project.

Wednesday, February 12, 2020

The authorization for the hydroelectric plant, owned by the Pontila Integrated Development Project and planned to be built on the Icbolay River in Alta Verapaz, was issued on January 13, 2020.

The legal appeal that the congressmen who make up the National Unity of Hope (Une) party presented to the Constitutional Court (CC), argues that Ministerial Agreement 019-2020 of the Ministry of Energy and Mines (MEM) violates seven articles of the Constitution, including 1, 3, 12, 44, 66, 97 and 154.

See "Guatemala: 40 MW Hydroelectric Power Plant Endorsed"

For this hydroelectric project the first environmental license that was processed had already been suspended, however, the Ministry of Environment and Natural Resources (MARN) created a new file, which was approved.

In view of these facts, the congressmen believe that another community consultation should also be carried out, because for the new file it was not carried out.

Also see "$1.2 Billion in Energy Investments"

Pressalibre.com reviews that "... The document argues that the approvals of both portfolios were given despite opinions against the project issued by the National Council of Protected Areas (Conap) and the National Institute of Forests (Inab). The Attorney General's Office (PGN) issued an opinion in which it did not give its approval to the project by the MEM due to inconsistencies in the opinions of Conap and Inab because the company added documents where those same institutions issue favorable opinions."

The company defends the project, assuring that "... On the part of the Central Rocja Pontila project, with respect to the unconstitutionality of the proposal, it was indicated that the politicians are opposed to the development of the zone, an aspect that is not congruent with the discourse they are offering."

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More on this topic

40 MW Hydroelectric Plant License Revoked

March 2020

The Guatemalan Ministry of Energy and Mines decided to revoke the license it had granted in early 2020 to the Rocja Pontilá hydroelectric project, in Coban, Alta Verapaz.

On Jan. 13, the Ministry of Energy and Mines (MEM) approved the Rocja Pontila hydroelectric project, which was planned to be built on the Icbolay River and would have an installed capacity of 40 megawatts.

The 40 MW Hydroelectric Power Plant is suspended

February 2020

Arguing that the requirements established by law to issue a license were not met, the authorities in Guatemala decided to suspend the environmental permit for the Rocja Pontila Central hydroelectric project.

After the congressmen of the National Unity of Hope (Une) presented an unconstitutionality action against the hydroelectric project before the Constitutional Court (CC), arguing that Ministerial Agreement 019-2020 of the Ministry of Energy and Mines (MEM) violated 7 articles of the Constitution such as 1, 3, 12, 44, 66, 97 and 154, the Ministry of Environment and Natural Resources (MARN) decided to cancel the environmental license.

Another Hydroelectric Plant to Be Suspended

October 2019

In Guatemala, a group of residents of San Pedro Carchá asked the Constitutional Court to suspend Renace's operations, arguing that there was no community consultation prior to the development of the project.

On October 23, a public hearing was held in the country's capital in which the Constitutional Court heard the positions of the interested parties.

Guatemala: Another Hydroelectric License Suspended

June 2017

The Constitutional Court has temporarily suspended the environmental license granted to the 40 MW Rocja Pontilá hydroelectric project located in Cobán, Alta Verapaz.

The Court's decision is based on a case filed by members of the communities in the area near the lagoon of Lachúa, who argue that the Ministry of Environment granted permission to develop the project "anomalously."

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