Full Case Name:  Decision N.°0507-12-EP, 2015 Shrimp Farm in Cayapas - Ecuador

See summary in Spanish.

This lawsuit arose from an operation by the Ministry of Environment to dismantle illegal shrimp farming operations from three ecological reserves designated to protect vital mangrove ecosystems. One of those shrimp farms was "Marmeza," located in the ecological reserve "Cayapas Mataje" in Esmeraldas. The owner filed a Writ of Protection with the Provincial Court of Justice of Esmeraldas seeking the invalidation of the Ministry's administrative resolution ordering the closure of the shrimp farm. The plaintiff argued that the Ministry's actions were illegal and unconstitutional because he owned the land before Cayapas Mataje was designated as an ecological reserve and that his property lay outside the reserve's boundaries.  Moreover, the plaintiff claimed he held the required permits and had not destroyed any mangroves. More specifically, the plaintiff alleged violations of his property rights, due process, and legal instability. The court ultimately granted the Writ of Protection, siding with the shrimp farm and overturning the administrative resolution that ordered the closure of the shrimp farm as an illegal taking. Furthermore, the court held that the Provincial Ministry of Environment lacked the authority to enforce the Rights of Nature. Subsequently, the Ministry of the Environment filed an "extraordinary writ of protection"  with the Constitutional Court. After a thorough review of the lower court's decision and relevant laws, the Constitutional Court found that the lower court had only considered the plaintiff's property rights, failing to balance these rights with the Rights of Nature and make an assessment as to whether the Rights of Nature had in fact been violated. Thus, the Constitutional Court held that the lower court's decision had infringed upon the defendant's right to due process, invalidated the lower court's ruling, and remanded the case for further proceedings.