Regulatory compliance and governance of environmental enforcement: Analysis of the oil spill in Ventanilla Bay, Peru

Tapia K.M.; Quispe P.P.; Vega E.A. · Revista de Derecho Ambiental(Chile) (2022) · DOI: 10.5354/0719-4633.2022.67948

Resumen

The governance of environmental enforcement seeks to ensure that the processes of environmental evaluation, supervision and enforcement, in the strict sense, verify compliance with the regulations and environmental commitments assumed by companies, to guarantee a better quality of life for citizens and responsible actions within the framework of sustainable development. As a result of the environmental emergency caused by the oil spill in the coastal area of the district of Ventanilla in Peru, the article evaluates whether the actions carried out by the Peruvian Environmental Evaluation and Enforcement Agency (OEFA, by its Spanish acronym) have the optimal conditions, according to the international framework, to achieve the objectives of an enforcement agency. To this end, three objectives are taken into account in the governance of environmental oversight: (i) to ensure that immediate measures are taken to address serious risks; (ii) to maintain sustained compliance with the law; and (iii) to ensure adequate prosecution of those who violate the rules. The case analysis discussed in the article allows us to examine a specific situation in detail and identify learned lessons, such as influencing the imposition of immediate measures in the face of serious risks, assessing the magnitude of the emergency, intervening with a focus on inter-institutional and inter-sectoral coordination, and prosecute those who violate legal norms; thereby, strengthening the governance of environmental enforcement in Peru

Instituciones: Universidad del Pacífico