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TSA Objects Injunction against Dolphin Aquarium in Punta Cana
Dominican Republic, 8/20/2015

The Lawyers Institute for Environmental Protection (INSAPROMA, by its Spanish acronym) filed an interim emergency measure before the Supreme Administrative Court (TSA, by its Spanish acronym) that sought to prevent the entry of eight bottlenose dolphins in the country and the start of operations of the dolphin aquarium Dolphin Discovery in Punta Cana, which was rejected.

The TSA, chaired by Judge Elfina Amparo de León Salazar, ruled on July 24 that the INSAPROMA did not meet the requirements for the adoption of such measure, as provided by Transition Law 13-17 towards the judicial review of the administrative activity of the State.

In turn the TSA established that, "it could not verify a latent danger that could impede the implementation of the judgment, subsequently emanating contentious appeal in response to which the present application is therefore appropriate to reject the request for an injunction”.

Bajo esos argumentos, el TSA declaró como buena y válida la forma de la solicitud de adopción de medida cautelar en contra del Ministerio de Medio Ambiente y Recursos Naturales y Construcciones Virgen de La Altagracia, por cumplir los requerimientos de la ley.

Under these arguments, the TSA declared good and valid the form of the request for adoption of this interim measure against the Ministry of Environment and Natural Resources and Construcciones Virgen de La Altagracia, for meeting the requirements of the law.

The INSAPROMA maintains that the dolphin aquarium Dolphin Discovery, which operates at the Down Town Punta Cana, was installed in violation of the general law of environment, so it maintains its request that its environmental permit be canceled.


Topic(s):    BiodiversityLegal and Institutional