Constitutional Court upholds ban on open pit mining

February 1^st, 2013 (InsideCostaRica.com) Costa Rica’s constitutional court unanimously dismissed a motion in which the Costa Rican Mining Industry Association argued that the current Mining Code was unconstitutional.

The plaintiff argued that the ban on open pit mining, and the consequent inability to receive extensions or renewals of concessions granted prior to the ban, was unconstitutional.

However, judges disagreed and flatly rejected the case.  The judges concluded that the ban did not violate any constitutional right, and that the legislature is within its right to approve such a restriction.  Judges all emphasized that the ban was not selective in banning only Canadian companies (which were involved in the industry previously), but applies to companies from any country.