Panama’s Supreme Court rejected the lawsuit filed by six environmental organizations against the resolution that approved the Environmental Impact Assessment (EIA) for Puerto Barú. However, this decision does not mean that the project has been declared environmentally safe, nor that questions about its potential impacts on the David Mangroves have been resolved.

On October 26, 2026, the Third Chamber of the Supreme Court of Justice declared Resolution DEIA-IA-0003-2024 is not illegal, through which the Ministry of Environment approved the Environmental Impact Assessment (EIA) for Puerto Barú. The decision maintains that approval and rejects the arguments of illegality examined in this lawsuit. However, the scope of the ruling does not equate to a comprehensive scientific assessment of all possible environmental impacts of the project.

In a statement released on October 29, the six plaintiff organizations stated that they respect the court’s decision, but reiterated their commitment to protecting David’s Mangroves.

What the Court decided regarding Puerto Barú

The lawsuit, filed in September 2024, challenged the legality of the project’s environmental approval. Among the arguments examined, the Court found that the overlap between the project and the protected mangrove area had not been demonstrated. It also concluded that the Ministry of Environment had properly documented the comments received during the public consultation process.

The organizations, however, warn that the project area, including its navigation channel, overlaps with the protected area, and they recall that a resolution from the Directorate of Protected Areas in March 2022 identified the project as partially located within it.

They also question the judicial interpretation of theEscazú Agreement, considering that recording citizen observations should not replace the obligation to weigh them appropriately.

Environmental questions that remain open

The project Puerto Barú includes port infrastructure and dredging works in the vicinity of the David Mangroves in the Gulf of Chiriquí. Independent studies have warned of potential impacts on biodiversity, sediments, carbon sequestration, and marine ecosystems.

According to the statement from the six organizations, the ruling does not sufficiently resolve this issue. The controversy does not end with this ruling either: another lawsuit against the resolution that approved the EIA remains pending.

UNESCO is also keeping a close eye on the project.

The environmental discussion transcends the borders of Panama, the World Heritage Committee of the UNESCO maintains a request directed to the Panamanian Government to reassess the possible impacts of Puerto Barú on the Outstanding Universal Value of Coiba National Park.

According to the organizations, the corresponding report must be submitted on December 1, 2026. This process represents an additional opportunity to examine environmental risks and apply the precautionary principle in the face of possible serious or irreversible damage.

The Rights of Nature are also defended at home

Panama has recognized since 2022 the Rights of Nature through Law 287 and recently announced before the United Nations its intention to promote a Universal Declaration. The David Mangroves are part of a system of protected areas that, according to the six organizations, together with neighboring areas, encompasses approximately 25% of Panama’s mangroves.

Its protection requires decisions based on scientific evidence, effective citizen participation, and a rigorous assessment of potential impacts.

Respecting a court ruling does not mean abandoning the defense of nature.

The Court’s decision resolves a specific legal dispute. The responsibility to protect mangroves, assess risks, and guarantee the Rights of Nature remains.

The ruling does not end the defense of the David Mangroves, because nature has rights and protecting them remains our responsibility.

#DefendTheMangroves #RightsOfNature