Environmental sanctioning procedures in Colombia are the administrative process through which the state, exercising its punitive power, investigates and penalizes individuals, legal entities, and territorial entities for violating environmental protection norms or causing damage to natural resources. The process is governed by Law 1333 of 2009, which was recently modified by Law 2387 of 2024. This reform adjusted the workflow to better protect due process and aligned the final argument phase with the general administrative procedure established by the CPACA. The update also increased the maximum penalties for environmental violations.
Several state bodies conduct these investigations, including the Ministry of Environment, the National Authority of Environmental Licensing (ANLA), and regional autonomous corporations. These authorities examine violations of environmental statutes and administrative acts, as well as environmental damage caused by negligence or intent. The investigative body determines whether there is sufficient evidence to proceed based on an initial inquiry that can last a maximum of six months. If there is merit, the authority issues a commencement order and files formal charges against the accused.
Once charges are filed, the accused has ten business days to submit their defense and request evidence. A test phase then follows, lasting thirty days and extendable by one additional period of up to sixty days. If evidence is collected, the accused can present a final argument. The authority then makes a decision on responsibility and the applicable penalty. This decision can be appealed if there is a higher hierarchical authority, but the initial ruling itself does not generally admit reposición.
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Changes introduced by the 2024 reform
Law 2387 of 2024 introduced a new stage to the process. The previous version of Law 1333 of 2009 did not include a final argument phase, often leading authorities to issue a decision immediately after the test phase without hearing the accused. To address this due process violation, the reform aligned the procedure with Article 48 of the CPACA, granting the accused ten days to present a final argument. Authorities are already applying this stage in ongoing cases that have not yet reached a final decision.
The reform also altered the penalty structure. The maximum daily fine previously capped at 5,000 legal minimum wages (SMMLV) now increases to 100,000 SMMLV. Additionally, the new law allows an investigating authority to suspend the process if the accused proposes and guarantees viable compensation measures. The process can be terminated immediately once the authority verifies the fulfillment of these measures.
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