The Court of Appeals of Puerto Rico recently ruled against Cashual Hernández Vargas, who sought to build a residential structure in a protected area known as the Carso. The court's decision, issued on May 26, 2026, confirms the denial of a construction permit by the Department of Natural and Environmental Resources (DRNA). This ruling affects not only Hernández Vargas but also sets a precedent for future construction projects in environmentally sensitive areas across Puerto Rico.
The case began when Hernández Vargas submitted a request for authorization to construct a 132.53 square meter residential building in Cabo Rojo. The DRNA denied the request, citing concerns about environmental protection laws designed to preserve the unique geological features of the Carso region. The court's ruling emphasizes the importance of adhering to environmental regulations in Puerto Rico, particularly in areas designated for special planning and protection.
The parties involved in this case are Cashual Hernández Vargas, the petitioner, and the DRNA, the agency responsible for environmental oversight in Puerto Rico. The dispute arose when Hernández Vargas applied for a permit to build on land classified as part of the Carso, a region known for its fragile ecosystems and unique geological formations. The DRNA initially denied the permit on September 16, 2025, citing violations of the Ley para la Protección y Conservación de la FisiografÃa Cársica de Puerto Rico (Law No. 292), which protects the Carso's geological features.
After the initial denial, Hernández Vargas sought reconsideration, arguing that his project did not violate any environmental laws. He claimed that the construction would not lead to deforestation or other harmful activities. However, the DRNA maintained its position, stating that the area had been developed without the necessary permits and that any construction in the Carso must adhere strictly to environmental regulations.
On March 4, 2026, the DRNA issued a new resolution reaffirming the denial of the construction permit. The court's ruling confirmed this decision, stating, "The determination of the agency finds substantial support in the administrative record and responds to the prevailing environmental public policy." The panel of judges included President Judge RodrÃguez Casillas, Judge Barresi Ramos, and Judge Santiago Calderón, who authored the opinion.
The court ruled that the DRNA acted within its legal authority when it denied the permit. The judges highlighted the importance of protecting the Carso's unique ecosystems, stating that the agency's decision was a reasonable exercise of its delegated powers. The court also noted that Hernández Vargas had opportunities to present his case and that the agency's actions did not violate due process.
This ruling has significant implications for future construction projects in Puerto Rico, particularly in areas designated for environmental protection. It reinforces the need for developers to comply with strict environmental regulations and seek appropriate permits before undertaking any construction in sensitive areas. The decision underscores the government's commitment to preserving the Carso's natural resources and ensuring that development does not compromise the environment.
The ruling also sets a precedent for how similar cases will be handled in the future. Developers in Puerto Rico must now be more cautious when planning projects in protected areas, as the court has made it clear that environmental laws will be strictly enforced. This decision may deter potential developments that could harm the Carso and encourage more sustainable practices in construction.
Looking ahead, Hernández Vargas may consider appealing the court's decision to a higher court. However, details about any potential appeal were not available in the court filing. This case highlights the ongoing tension between development and environmental protection in Puerto Rico, as the government seeks to balance economic growth with the preservation of its unique natural landscapes.