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In depth

The MARN environmental license versus prior consultation

Dossier
Social license and prior consultation23-licencia-social.md
Domain
Social license and prior consultationlicencia-social
Room
Law/ley
Audited
Audited

No. The environmental instrument (Government Agreement 137-2016, the Regulation on Environmental Evaluation, Control and Monitoring) classifies projects into categories A (high impact, full environmental impact assessment), B1 and B2 (moderate impact), C and the CR registry (minimal), over an exhaustive list of 14 sectors. The 'public participation' in the environment ministry (MARN) procedure — hearings, objections to the EIA — is a documentary requirement; the C169 consultation is a state-run process with a rights-holding collective counterpart. Escobal, Fénix and El Tambor had licenses and EIAs and were suspended for the defect the environmental instrument does not cover; Cerro Blanco also shows that an approved EIA can be annulled administratively for flaws in the file. Confusing the two is the most expensive way to learn Guatemalan law.

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