Guatemala: Supreme Court Overturns Mining Permit

The Supreme Court has rescinded in a "definitive" manner the permit for operating the mine La Puya, which had been awarded to the company Progreso VII Derivadas.

Thursday, June 30, 2016

Putting a legal end to the controversy which arose three months ago, the Supreme Court decided to suspend the permit permanently, after differences of opinion arose between the Ministry of Energy and Mines and the Court over legal criteria.

See "Guatemala: No, Yes, to Mining Project"

S21.gt reports that "...The decision of the Supreme Court 'rescinds permission', acquired by the company Progreso VII Derivadas, which is owned by Exploraciones Mineras de Guatemala and the final decision was taken because the people living in the area of operations were not consulted."

"... Angel Pineda, a spokesperson for the Court, said it was a unanimous decision by a plenary of judges and has immediate effect."



More on this topic

Mining Case to Emerge Internationally

August 2019

The Guatemalan Nickel Company announced that it will go to the Inter-American Court of Human Rights to request precautionary measures in response to the local authorities' decision to suspend operations at the Fénix mine in Izabal.

In mid-July the magistrates of the Constitutional Court (CC) decided to suspend the right to exploit the Fénix mine, a ruling that will remain in effect until there is a final resolution on the protection raised by a group of neighbors, who argue that the process of community consultation for the operation of the mining project was not exhausted.

The High Cost of Legal Uncertainty

July 2018

One year after the suspension of operations at the El Escobal mining project in Guatemala, the company is still waiting for a definitive judicial decision from the Constitutional Court.

In May 2018, the Legal, Environmental and Social Action Center of Guatemala (Calas) filed an appeal for legal protection, arguing that the Ministry of Energy and Mines had not carried out the necessary community consultations before authorizing the licenses. 

Guatemala: No, Yes, to Mining Project

March 2016

The Supreme Court has ruled in favor of an injunction against the operation in Progresso VII, Derivada, but the legal criteria of the Ministry of Energy and Mines is that the project can continue to operate.

The Supreme Court of Guatemala had granted a provisional injunction against the environmental organization (Legal, Social and Environmental Action Center (Calas) in order to suspend the license for the mining project Progreso VII, Derivada, located in San Pedro Ayampuc and San José del Golfo.

Mining Operation in Guatemala Suspended

November 2015

The Constitutional Court cited damages to the environment and illegality in the process of granting the concession of the Sechol mine in Alta Verapaz, owned by Mayaniquel SA.

From an article on Dca.gob.gt:

The Constitutional Court (CC) ruled in favor of the Environmental and Social Legal Action Center in Guatemala (CALAS) and ordered Mayaníquel SA to suspend the Sechol mining project, between the towns of Senahú and Panzós, Alta Verapaz.

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