In the Headlines
July 12, 2024
Several Relevant Energy Sector Bills Promoted by the Petro Government Could Fall Through
Valora Analitik
Energy attorney Claro Manuel Cotes was cited in an article published by Valora Analitik about an annulment action against Resolution 40234 of 2023 from Colombia's Ministry of Mines and Energy. The resolution delegates functions to the National Hydrocarbons Agency (ANH) related to the formulation and design of public policies for energy resources such as geothermal, wind energy, hydrogen, and carbon capture, storage and use. Mr. Cotes highlighted that this move could be problematic since the functions of the ANH are established statutorily and are limited to the hydrocarbons sector.
"In principle, there may be a situation because, since the regulations are of a lower hierarchy than the law that gave the functions to the ANH, that delegation cannot properly be on the agency because: one, the delegation was given to the Ministry of Mines and Energy, and two, because the functions of the ANH are, exclusively, for the hydrocarbons sector by law," he said.
READ: Several Relevant Energy Sector Bills Promoted by the Petro Government Could Fall Through
"In principle, there may be a situation because, since the regulations are of a lower hierarchy than the law that gave the functions to the ANH, that delegation cannot properly be on the agency because: one, the delegation was given to the Ministry of Mines and Energy, and two, because the functions of the ANH are, exclusively, for the hydrocarbons sector by law," he said.
READ: Several Relevant Energy Sector Bills Promoted by the Petro Government Could Fall Through