Peru is one of the world’s top ten megadiverse countries in the world. With over 25,000 plant species, about 2,000 fish species, over 1,736 birds, more than 300 amphibian species, 460 mammal and 365 reptiles, one could understand why environmental law in Peru is in fact a big deal.
Studies in the Peruvian Andes and Rainforest have identified mass tourism and mining industry as the main threats to bio and cultural diversity. 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 reportedly high levels of urban water consumption compared to other South American cities, and high levels of watershed degradation and water pollution as well.
Based on the Global Climate Risk Index of 2019*, Peru is ranked in the top five most vulnerable countries 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 of 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 advise clients across the mining, energy, oil, fishing, forestry, electricity, retail, construction, aviation, hydroelectric, national heritage, and tourism sectors in Peru to remain compliant.
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
Contact our Environmental Law experts to discuss your specific situation.