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Environmental Law Peru

Peru is one of the world’s top ten megadiverse countries, with over 25,000 plant species (of which 30% are endemic, 10% of the world total). Peru has more fish species than any other country in the world (close to 2,000 species, 10% of the world total), 1,736 bird species (second in the world), 332 amphibian species, 460 mammal species (third in the world) and 365 reptile species off which 222 are in the endangered list.

Studies in the Peruvian Andes and Rainforest have identified mass tourism and mining industry as the main threats to bio and cultural diversity in the field. Additional threats include deforestation that stem from illegal gold mining operations, logging, urban expansion, agricultural development, and the resulting pollution from these activities. Hydrological services are particularly threatened, with reported high levels of urban water consumption compared to other South American cities, and high levels of watershed degradation and water pollution.

Peru is ranked the third most vulnerable country in the world to climate-induced disasters, exacerbated by the country’s dependence on agriculture and fishing. Deglaciation is rapidly taking place, which will have a critical impact on water supply for consumption, agriculture and hydropower. A study by the nation’s National Reserve Bank (BCR) shows the negative impact that climate change under a range of scenarios would have on agriculture, public health, fisheries, hydropower and the overall economic growth of Peru.

In March 2010, Congress passed a new set of regulations pertaining to the 2001 Law No. 27446 on the National Environmental Impact Assessment System (SEIA). This requires all Environmental Impact Assessments (EIA) to include an Ecosystem Service Valuation (ESV) by 2011. Article 25 of said law includes the requirement for the assessment, conservation and valuation of Peru’s natural heritage, including natural resources, genetic, species and ecosystem biodiversity, and the environmental services that they provide. Article 26 includes the need for EIAs to consider specific impacts that incorporate the costs of mitigation, monitoring, remediation or rehabilitation, as well as the cost of other conservation or management measures that may be applicable, such as compensation.  Such laws caused a great deal of impact on the profitable mining, energy, oil and gas industries in the country and forced an adaptation process as a means to surviving the change.

The Peruvian Environmental Law specialists at MONTEBLANCO & ASSOCIATES are trained specialists in the field. We offer a wide range of support that takes into account the tediously demanding aspects of Environmental Law. We advice clients across the mining, energy, oil, fishing, forestry, electricity, retail, construction, aviation, hydroelectric, national heritage and tourism sectors in Peru.

We also work with and consult on matters that cross the full spectrum of environmental services that include but are not limited to:

  • Licensing, regulatory and compliance work,
  • Conservation and biodiversity matters,
  • Environmental impact assessments,
  • Environmental auditing,
  • Environmental management systems,
  • Environmental due diligence
  • Sanctions management
  • Permits and compliance and licensing in relation to air quality control,
  • Water supply and rights,
  • Nature protection,
  • Hazardous waste management
  • Training workshops, and
  • Dispute resolutions,
  • Negotiations between project stakeholders and indigenous communities

Our dedicated Peruvian Environmental Law practice serves as permanent counsel to a number of mining start-ups who have just obtained mining concessions and for which we handle their legal compliance in connection with environmental, mining and regulatory issues.

Contact our Environmental Law experts to discus your specific situation.