Bill 630.

Summary.

The bill establishes protections for environmental defenders and anyone who participates publicly in matters of environmental concern against unfounded or abusive legal actions intended to prevent or punish that participation. It defines strategic lawsuits against public participation, or SLAPPs, to include civil claims, criminal complaints, administrative remedies and other legal actions whose primary purpose is to silence, intimidate, censor or exhaust participants’ resources. Environmental defenders include individuals, groups and organizations, whether or not they have legal personality, that peacefully defend the environment and natural resources.

Protected participation covers expression, communication and action in public or private forums concerning environmental matters. The glossary includes complaints to administrative authorities, statements in the media and on digital platforms, public consultations, Environmental Impact Assessments, peaceful demonstrations, and scientific or academic research. It also defines matters of environmental concern, the early dismissal motion, the reversed burden of proof, actual costs and expenses, and environmental bad faith or vexatious conduct. The bill declares the protection of communications and complaints concerning environmental and natural resource conservation, protection and restoration to be a matter of public interest.

In civil, administrative or criminal proceedings brought against an environmental defender because of public participation, the defendant could file an early dismissal motion within fifteen (15) business days after service of the claim. Even if the motion is not filed on time, the judge hearing the case could recognize this procedural mechanism in the judgment, including on the judge’s own initiative. Filing the motion would suspend the main proceedings and the time limits for taking evidence until a final decision on the motion. Once it is admitted, the original claimant would have to show through summary evidence that the action has a solid legal basis and a real prospect of success, and that its primary purpose is not to intimidate, silence or financially exhaust the defender.

If the court determines that the action is a SLAPP, it would order the claimant to pay procedural costs and reimburse all legal fees and defense expenses. The defendant could also request security for costs and expenses after the claim is admitted; the court would order it through a reasoned decision. The claimant would have five (5) days to deposit the security, with failure resulting in termination and closure of the case. Where bad faith or abuse of rights is established, the judge could impose a fine payable to the National Treasury (Tesoro Nacional) of up to 25% of the amount claimed or, alternatively, between five thousand and fifty thousand balboas (B/. 5,000.00 to B/. 50,000.00). The proposed law would take effect on the day after its promulgation in the Official Gazette (Gaceta Oficial).

The bill concerns courts and the National Treasury (Tesoro Nacional), as well as environmental defenders, community organizations, journalists, scientists, academics and persons or entities bringing legal actions related to environmental participation.