March 20th, 2020

The First Section of the Administrative Litigation Chamber of the Council of State lifted the injunction consisting of the partial and provisional suspension of articles 4, 6, 8, 10, 14, 17, 19, 23, 25, 27, 52 and 96 of Resolution 909 of 2008 about the provisions on pollution and emission standards for new industries, imposed by the same court in May 2019.

On this occasion, the Council of State considered that there is no violation of the right to equality since differential treatment in determining standards or limits on atmospheric emissions allowed in industrial and new activities is within the framework of the application of the principle of progressivity in environmental matters.

ALso, the Council of State was emphatic when affirming that "it is not possible to allege a disproportionate treatment for the new industries, since these, knowing the regulations before the entry into operation, can carry out the technical steps towards their compliance".

Thus, the Council of State revoked the order that suspended articles 4, 6, 8, 10, 14, 17, 19, 23, 25, 27, 52, and 96 of the Resolution 909 of 2008. It is essential to keep in mind that the action for annulment for unconstitutionality against the articles mentioned above is still pending.

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