Costa Rica Environmental Law and Gentrification in Costa Rica & Pavones Update with Walter Brenes

We talk to Environmental and Sustainability Lawyer Walter Brenes about the current cases he's fighting in Costa Rica, what is really happening in Pavones as the town is knocked down by the municipality and what he thinks will happen in other beach towns as municipalities and money pours into Costa Rica.

Key Takeaways from "Costa Rica Environmental Law and Gentrification in Costa Rica & Pavones Update with Walter Brenes" Episode

  • 254

    Episode

  • 32

    Length

  • July 2, 2025

    Episode Date

  • Environmental Protection and Development Balance

    Costa Rica contains 6% of global biodiversity in national parks and protected areas

    Environmental laws exist but lack funding for proper enforcement

    Eco-friendly development should align with Costa Rica's jungle/forest identity

  • Pavones Crisis Reveals Systematic Issues

    70-year-old fishing community being displaced for luxury development

    2004 master plan had 5-7 meter road placement errors

    Demolitions occurred without proper legal notice or documentation

  • Gentrification Patterns Across Costa Rica

    Luxury hotels receive preferential treatment over local families

    Osteonal facing similar issues with 40 families at risk

    Maritime zone concessions create vulnerability for investors

  • Legal Strategy and Resistance

    Criminal cases filed against mayors for felonies against population

    Environmental compliance missing from master plans

    Community consultation never conducted before demolitions

Fighting for Costa Rica's Soul: Environmental Attorney Walter Brenes on Development, Gentrification & the Pavones Crisis

Host:
Richard Bexon
Guest:
Walter Brenes, Environmental and Sustainability Lawyer

Environmental litigation attorney Walter Brenes discusses his eight-year battle protecting Costa Rica's biodiversity and communities from destructive development, focusing on the controversial Pavones demolition crisis where a 70-year-old fishing community faces displacement due to a flawed 2004 master plan designed to benefit luxury developers. Walter explains how Costa Rica's shift from eco-adventure destination to real estate investment hub has created systematic gentrification, with communities like Osteonal facing similar threats while luxury hotels receive preferential treatment, and concludes with his investment recommendation for Santa Teresa based on its international community and lifestyle amenities.

Introduction

[Richard Bexon]
Good afternoon, Walter. How are you doing?
Super. Thank you for inviting me, Richard. Nice to see you again.
[Walter Brenes]
Not at all, man. I always love to get someone that’s always working for the good of Costa Rica on here. And yeah, I know that there are some projects that you’ll take and some projects you won’t.
And the stuff that you won’t goes against basically everything that I think is in the DNA of Costa Rica, you know, which is, you know, cutting down trees, gentrification, just, you know. So, yeah. So, good for you, bud.
[Richard Bexon]
Thank you. Yeah, that’s my job. I’m like the entry gentrification.
Awesome. Just attacking the project that are not good for Costa Rica. You know, just the regulars.
If you are good doing projects, well, you can do it. But if not. You better watch out.
Walter’s coming. Exactly. Exactly.
It’s like Star Wars, you know, like Luke Skywalker.
[Walter Brenes]
Exactly. Exactly. Well, Walter, there’s been a lot of volatility in Western markets recently, and I don’t think that’s here.
I mean, that’s probably here to stay. I think the new norm is volatility and change. But, like, how has this kind of impacted your work?

Background and Environmental Focus Shift

[Richard Bexon]
Well, normally I’ve been working as a litigation attorney, especially in environmental issues for the last maybe 12 years. You know, my first years as a lawyer, I stare like mainly in energy and other kind of litigation cases against the government. But in my second year, I started realizing that maybe Costa Rica need to get into more community and environmental terms about protecting our country, you know, our biodiversity.
And even then maybe sometimes could be like someone that is not doing, you know, like the right job. So that’s going to be affecting the business, for example, for the good investors, for the good development companies here in Costa Rica. Like getting into competition with bad developments or even with people that are just bringing their money just for destroying, you know, the forest, the water, all resources, you know, even our communities.
So that’s something that has been in the last maybe I could say like the last eight years. OK, because of the beginning was more like biodiversity, you know, like working with crocodiles, with sharks, you know, with turtles, you know, with jaguars, with monkeys. And later I started realizing that, hey, what’s going on?
You know, Costa Rica is getting into a big development investors right now. But sometimes these people that is coming here don’t have like any sense about how is Costa Rica, you know, and how it’s like old culture, even that you’re coming to Costa Rica for doing a project. Obviously, 100 percent need to be an eco-tourist project.
Correct. Like an eco-friendly project even, you know, because we are jungle, we are forest, we are water. We have like this kind of paradise that you want to have your house here.
Well, your house is going to be in the jungle because that’s Costa Rica. You’re coming here is because you really want to have this kind of different perspective about how it’s living in the middle of the jungle. So that used to be like, you know, maybe from my understanding, like in the 90s, later, you know, like at the beginning of the 2000s, you know, that people was coming here because they just want to have this kind of adventure, you know, in Costa Rica.

Development Evolution and 2009 Market Shift

Later, when the 2009, you know, people started like developing this kind of different strategy and branding about Costa Rica because we go into the same bubble that was like getting during the United States, you know, with all the more actionable, with all these problems, you know, like banking, financial, people losing their houses in the United States. So Costa Rica started branding in a different way. Like, hey, just come to Costa Rica.
You can live here. You know, you can have your house here. You can get on here.
You can do different kind of activities and you can maybe be a development investor and also development projects, you know, from foreign. Right. So people start coming here and realizing, well, we can do projects in Costa Rica.
Why not? Right. So the beginning, we have like a super for a strong, maybe we can say like super effective loss here in Costa Rica, especially when it’s related with the environmental side, you know, but we don’t have enough money just for supporting that loss.
You know, I even control fiscalization. Even we don’t have any resources just for all on, you know, like caps here in Costa Rica for even like keeping the security issues that we have, as you maybe you remember that. Well, we are the 21 country that we don’t have any war in, you know, like in the last, let’s say, the 40s, right?
I mean, five years ago, the last one in the 48, you know. So for me, it’s been 70 years or like back that the war that we have here, you know, like a small one. So we have been like a specific country, you know, we are like the 21 country that don’t have like any.
No one. Yeah. And the other 20, you go there and you check is going to be like mainly Iceland and Vaticano.
So we’re like a real country. We don’t know army, right? So all this kind of, you know, moving around, they started getting realized to me, hey, Walter, if you want to be in the right side of the history of Costa Rica.
So you need to keep developments like doing right. Well, you know, like on the line, just following the blue. You mean cutting mangroves, not cutting trees like.
Because we have, you know, we are like a super sensitive country, you know, because we have like the six percent of all the viewers around the world. You know, we have like Cocoa Island. We have like mainly 20 national parks, you know, in Costa Rica.
And we are like the like the smallest country with the biggest national parks, you know, like protected areas. So when you start realizing that you can do projects here, you can bring your money and just do, you know, like projects, you know, for development, for people living. Maybe the people didn’t realize that.
Hey, we are not in the United States. Right. We are not California.
We are not like Chicago. We are not like Miami, you know, that you can start. OK, we need to expand, you know, like our project.
We can just go over there and just put like some rocks under that wetlands, for example.
[Walter Brenes]
Yeah.
[Richard Bexon]
That’s Miami. It’s like that, you know, they started just going that way. Even, you know, for example, like Mexico, you know, there was like something that even there are no other countries in the world.
They just started like invading at some point, like the national force around just recovering like main lines just for doing projects. Right. So I started getting into that.
And you know, for the last eight years, my cases is like going up. Yes, it is. Exactly.

Major Environmental Cases and Current Work

So I’m being like in the most important incremental cases in Costa Rica, aside being maybe you know, being following like Doca Manzanillo, I’m working also in Isla Manuel Antonio. I’m also working against Laguna Puchatal and the wetlands in Playa Hermosa in Jaco. It is one of the biggest cases that I have.
Also, I’m working in Santa Teresa and Tamarindo, like even just protecting El Hogo with the tourists and everything. So there is getting now I’m working in Poblones and people is calling me from Osteonal. So it’s getting like it’s kind of a sense that what’s going on in Costa Rica.
[Walter Brenes]
I mean, you mentioned some cases there. I mean, you mentioned the ISIS project, which was a tower, you know, where, again, they done some stuff that they shouldn’t have done there. And then that project doesn’t look like it’s going ahead at the moment.
You know, and, you know, there are other ones that you have. But you mentioned Poblones there just because I think that’s kind of a hot topic at the moment. I mean, you see it on the line, the news at the moment, the Muni knocking down buildings.
But I mean, give me an idea. I mean, what’s really happening there and why?

The Pavones Community and Its Significance

[Richard Bexon]
Well, you know, this is super important because some people just know Poblones because they have like this kind of history related with the ex-narco guy that was related with Pablo Escobar a long time ago. So they just told the history about Poblones from their perspective. But from the real perspective, from the Costa Rican perspective is there is a community that have been in the last 70 years there, you know, like original communities, like people living there, like Costa Ricans.
And also we have a big indigenous community there. So it’s something that people maybe is not realizing that we’re talking about Poblones like the last one standing in Costa Rica, as I’d say, like just Costa Rican people there. You know, there is some foreigners that would have been coming, you know, during the time, getting just, you know, like a small land just for getting like his house, you know, but they’re not like like investors, you know, like luxuries.
That’s for example, when you go to Golfo Papagayo, you’re going to say like, hey, that’s that ultra luxuries in Costa Rica. Well, that’s it. You know, the government just decided for doing that in that area of Costa Rica.
And that’s amazing. But Poblones is as Costa Rica was remembered maybe like 40, 50 years ago, you know, like jungle waves and just small houses and the original people there are fishermen. You can go over there and you can start seeing the monkeys.
And even you can be just like one mile. You’re going to see the jaguar just going down, you know. So that’s the reality of Poblones.
Why people are so sensitive about Poblones? Because it’s also like the sanctuary for surfers, you know. So I always say like this, you know, just think about like the Catholic people.
It’s going to be like, hey, why is it going to be attacking the Vatican? Or, you know, because it’s like, hey, what are you doing? You know, we have the pool.
I think it’s the longest left in the world, right? Exactly. It’s the second one.
It’s the second one because the other one is in Peru. We have warm water. OK, that’s the difference.
The warmest, longest left in the world. Exactly. It’s the second one.
Yep. And it’s the left. So mainly, sorry, is it right?
So mainly when you start getting this idea about what is Poblones, well, surfers just go there just because they want to surf. They’re not expecting for being a luxurious hotel. We just want to go over there just for surfing.
And people around that have been the last 70 years, you know, like just there, they’re like given the opportunity. There is like a small sodas, you know, like here in Costa Rica, small restaurants, you know, like.
[Walter Brenes]
I mean, Walter, what’s happening there? Because I’ve just seen pictures of, you know, buildings being torn down, restaurants, supermarkets. Like I think I know what’s going on, but like.

The Pavones Demolition Crisis

[Richard Bexon]
Yeah, well, you know, you know something, Richard? As I already say, we don’t have an army here. So we never get like into a real big fight here.
So that day in May, I was in Poblones, because the community just called me and said, hey, Walter, can you come? Because we need to talk about, you know, what’s going on here in Poblones in the last months. And, you know, Poblones has been like in the last 20 years, like saying that the history about like, hey, the wolf is coming, you know, there is going to be demolitions in town, you know.
So people started realizing that it’s not true. No one is going to come and do the demolition, you know. But that day, Monday, 4am, was like, what’s going on here?
You know, there was like doing demolitions for real.
[Walter Brenes]
But they were doing demolitions in land that wasn’t, they didn’t have permits to do it. It wasn’t.
[Richard Bexon]
Yeah, there is no any permits. No one comes to the community and say, hey, we’re here. This is your eviction.
This is your order for tear down your house, for tear down your business, you know, for your restaurant. Just for your reference, for example, the both supermarkets and the restaurant and the pastry that is there, they have permits. Wow.
So it’s like, hey, why you are doing demolitions in businesses that have been approved, have commercial license. And the main point here, just for understanding, and this sometimes sounds like, hey, this is super madness. You know, like, what’s going on?
Why are they just coming just for demolition houses, just for tear down houses? Destination is more simple and stupid for me. Super stupid.

The 2004 Master Plan and Road Displacement Issues

So in the 2004, December, 2004, they just go and create like a master plan, like Plan Regulador is the name of the Spanish. Like a zoning plan. Yeah, exactly.
Just for making, just for saying, this is going to be Rio Claro and Pabanes, right? So they just create some streets, like in paper, you know, with a pencil. Saying, okay, this is going to be here.
This is going to be other street. This is going to be a street. This is going to be a street, right?
So they’re just doing paper. Later when the municipality come to the town, just for creating or just for doing the roads, as they’re like in the master plan, they make a mistake of five and seven meters, mainly. So if the road was here, they, you know, in paper, they just make the road here.
So the houses was like here and the road was here, right? So they just come and say, okay, just because- You built a new road. It’s a new road, like physical in the 16 road.
So we want to put the road here. Hey, if you do that, you’re going to go like into the houses with the people. And they say, yeah, it’s because people is invading the road.
[Walter Brenes]
But that just seems, I mean, look, man, we’ve been here a long, I’ve been here long enough for 20 years. That just seems fishy though, dude. It doesn’t just happen like that.
Like if you go around Tamarindo and measure these roads, I mean, we’ve done it on properties before, where properties are invading the public road, but there’s a 40 meter. And once you do it, it’s like 11 meters. And like, it’s kind of just like, well, kind of back then, but this just doesn’t sound right, Walter.
[Richard Bexon]
You know what is more like, let’s see the curiosity of this case. They’re going to have now a highway or 28 meters because the road, they’re like the actual role is 40 meters. And now they’re like putting an order for 50 meters.
So it’s going to be 28 meters. No, there is no, any road in Costa Rica in a small town like this, you know, it being a coastal line that bigger, you know, let’s say that maybe the main roads in Costa Rica is going to be 28 meters, you know, because that means there’s, we could be like for, you know, like lines. Right.
[Walter Brenes]
The chisme is dude, like there are big developers in the area that want this stuff kind of dawn to make it nicer to also take kind of a bit of a land grab on it. I mean, that’s kind of the chisme, if that makes sense, that what’s behind this is not like, Hey, the municipality.

The Real Motivation Behind Pavones Demolitions

[Richard Bexon]
I know what is behind this. Yeah. So this is, this is the problem, you know, I had been like, you know, People invading their public road that’s false, but let’s say that there’s the problem.
So the mayor is saying that because people is invading, you know, like the road that are going to tear down houses and businesses and everything, just because you need to recover the road because he’s the right and the legally isn’t just in that side.
[Walter Brenes]
How does Costa Rica fight back, dude? How do the people fight back? Cause I mean, if you want to see angry Costa Ricans, dude, I mean, you start taking away like land from them or you start pushing them on like waterways or beaches and stuff.
I mean, they, you, you know, I’d say we are usually, but I was not born here, even though I’m a people now like very calm and relaxed, but you start doing that stuff. And I mean, pitchforks come out here.
[Richard Bexon]
Yeah. That day was more than 100 police officer, you know, like all these super armor and everything. And they say, you move, you’re going to go to jail.
Wow. So people try to do something, but they were super rude with the people. Um, just for your reference, there was no any order, but you can read it in.
No one give any paper to no one. Um, the commander of the area from Golfito, you know, he just come with, uh, with he, with her, with his lawyer. And also they send like two different, uh, other from scenarios, you know, from the municipality and the, and they didn’t talk to no one.
Wow. There was no like tearing down everything. Like, okay, we’re here.
You have the right. It was like a ride. We don’t know any ingredient, you know?

Legal Strategy and Fight Back Against Corruption

So you’re maybe you’re going to say Walter was, what is, what is really going on in Pavanes? Easy way. There is one concession that was given.
The first time was even in the 2001. We don’t know any plan. So in 21, like 20 years later, because just remember that by law, the concessions just go like, it’s a right from 20 years in Costa Rica.
Right. So in the 21, when these people just come back, just for giving a renovation, we are researching that because this is going to be the most, um, curiosity about this case, because with the roads, like, they’re like physical right now, they just give another 20, 20 years to that concession, you know, like every new one for another 20 years. So that concession is going to go to the 41, 24, one, but you know, what is the problem right now?
They cannot get the permits because the road is knowing that there is knowing that side they need to be. And that means that they just want to build their ultra luxurious project. They need to put the road where this goes in that master plan in the planet.
So right now all the time, the 99% of the people that is from there, you know, like locals, natives, like the first families, like the original families, they’re just going to get demolitions just because these people need to have the roads in the, in the right path of the history, because the history is from the 2004, you know, fight back Walter. I mean, like, because it sounds like again, that’s the reason because I’m there I’m fighting back with Leah, with, with the legal part, with the strategy, you know, the first and the most important is that we are presenting several criminal cases against the mayor. We started like doing this hashtag about I put in jail, the mayor will fit, you know, because just that day, he committed at least three different felonies.
Yeah. Three crimes against the population. And the second one, we’re fine.
You know, because this master plan, because it’s from the 2004 that is missing the most important part that is that environmental part, you know, like the terms related with environmental that is need to go to Setena, to the INBU, that is the two entities that is going to be rated with a Plano Regulador. So I’m fighting that and say, Hey, you can apply the Plano Regulador because this is still missing the terms related with Setena. So environmental terms is missing.
That means that you never try to understand why the community really want to have there, you know, because the most important point is like, have you been talking with the people, like asking what do you want to do in Poblano? No one ever asked to them. So obviously they just are just there, like saying what is going to be the next, because we don’t want to need it.
We don’t need like an ultra luxurious hotel. We just need our fishermen’s just like in front of the beach. The road is still like that.
And people is going to still coming and they’re making money. People is living super good there. You know, maybe it’s missing like a hospital, maybe it’s missing police, but they’re like happy people there.

Other At-Risk Beach Communities

[Walter Brenes]
You know, what are the beach towns do you think are at risk, but what happened in Pabonis? Cause I remember there was like, was it Claritas in Mamon Antonio maybe, or was it implies that Coco that they knocked down because it was beach front, but they didn’t have permits to build it. It wasn’t an active concession.
Like what are the beach towns do you think that potentially are at risk like Pabonis?
[Richard Bexon]
Well, there is a main difference, you know, because there is other places in Costa Rica that they just build like illegally, you know, in Pabonis it’s different because these people start building the houses because they present like a petition just for getting their concession, you know, and the mayor one day you say, yeah, you can build it. And I’m going to give you licensed commercials during the time that everything gets ready, just for giving the concessions. And one day he just come and say, okay, we have this project just for bringing in that falto.
I always say this falto is like, like the black, like the black gold in Costa Rica. Because they use that for getting votes, like we’re going to put, you know, like the new carpet of faltica, you know? So I just say, this is like a black gold in Costa Rica, because they use this against, against, in favor of all the communities, you know?
So they’re saying we’re going to bring, you know, and this is like going back to the colonies, you know, when the Spanish people just come to Costa Rica and started giving, you know, like murals and in Costa Rica, we started giving another kind of resources just because they’re giving murals to us, you know? So it’s like, you’re going to have like the most amazing road for Pabonis. So people is going to come and more money is going to come.
And that’s not true. People is coming, we don’t know that road because people really like to have that old sketchy road.
[Walter Brenes]
Yeah. Yeah. But you don’t think that like, there are any other areas, I don’t know, like Homoza with, I mean, maybe there’s not active concessions and it’s not really done, you know?
[Richard Bexon]
For example, Osteonal, that is near from the national refugee on Osteonal. They’re having some problems, you know, with it’s like 40 families having the same problem right now. There’s like, okay, we’re going to get demolitions, you know, but that’s something that is super like, just to say like what’s going on in Osteonal because they’re like throwing out and tearing down houses for their 40 families that is originals there.
But there is like luxurious hotels in the same condition and no distortion there. Yeah. So just started saying, okay, if I’m investor, I have money.
So why the politics just go to that people and why we’re not protecting our people. And that’s why people in Costa Rica is getting super mad, you know, with the gentrification because they’re feeling like, okay, people is coming just for getting out, you know, our communities and just for getting that land. And with San Amarito Terrestre, you know, there is like free land because you take down these families and someone just comes and say, okay, this is going to be my project.
And they’re not paying anything for getting that land. That land is just going to be paying yearly, like as more. It’s super complicated, you know, at some point because.

Maritime Zone Concession Risks and Recommendations

It’s horrible. I say, hey, you want to get into a project in Costa Rica, don’t buy San Amarito Terrestre. Just go out and buy private property because during that 20 years could be someone coming against you just for taking down you and just getting your concession.
With all, all this, you start a project building, you know? So that’s, that’s one of the most complicated issues, you know, I even, you know, these people have been living there for the last 70 years and now they’re saying like, hey, I’m, they’re taking down my house. What is my rights?
And they’re going to say, well, you don’t have any rights because you don’t have a concession. And that’s it. Legally speaking formally, that’s it.
[Walter Brenes]
There should be a way that these people can get concessions. If that makes sense. I know that it’s kind of money, but like the need.
[Richard Bexon]
Yeah, but they need to change the road and people need to adjust their houses to the new road. And that’s a problem. Why do you don’t adjust the road?
And just let the people in there where there are. And these mainly because you know how much it takes for getting like a new plan rule out in Costa Rica, like a master plan. I haven’t been working in Santana.
That is one of the main cities in San Jose. They have been working on these since 2011. And we are 2025.
Yeah. It’s 14 years. Yeah.
And all the data that is in that modification on the new plan rule out is from the 2013. So we’re going to get the new plan rule out in 2025. No data.
That is from the 2013. So he knows that he goes into making a modification about the plan rule out. Could be a never ending history.
So he is like getting into this, like, okay. There is a concession that need my help and a political guy. So I just want to bring some money, you know, from this project.
And he’s just going to do this because it’s the right thing for him.

Final Investment Recommendation

[Walter Brenes]
Yeah. Well, look, Walter, this has been great, dude. I mean, I know it’s a lot for the listeners here to understand.
And I’m sure some of them are probably enraged here with a lot of this stuff. I mean, I know I certainly am, dude, of taking down people’s houses for concessions. And then, yeah, I mean, it’s just, I feel that Costa Rica may be in some areas and some is just losing its, its true values, dude.
And like, it’s what made this country great. And I think that this, this slowdown is going to be good, but Costa Rica needs to figure a way to not gentrify the people that are here and find a way for this to co-exist because it can co-exist, man. And it should co-exist, but it needs to be done in a sustainable manner.
But Walter, my last question for you, if you inherited $500,000 and you had to invest it into a business or real estate in Costa Rica, what would you invest it in and why? Santa Teresa. You’d invest it in Santa Teresa.
[Richard Bexon]
Yeah, absolutely. Well, obviously maybe there is no, like the most objective comment about why, but I’ve been living in Santa Teresa for the last two years. Well, multiple years.
So when you are single, no kids, no family, you get like into Santa Teresa and you have like surfing, the better food that you have ever found in Costa Rica. There are like good parties there. You know, like young people as me.
And there is like more than 40 countries around that were in one place. So you feel like more in that kind of way. So you are like a single professional.
You want to live in Santa Teresa for sure. You have that money. You want to find like a good apartment, even a good house, even there, you know, with ocean view and you get like even these kind of projects that they have.
We are having like new projects over there. You know, some clients of mine are doing like this kind of apartments to have ocean view for that money. So in my case, I’m going to say Santa Teresa.
But if you have a family, that’s going to change because that means that I’m going to move to an Osada maybe. That is best for having a family. You know, it’s more like quiet waves, waves.
It’s even more quiet. So mainly Santa Teresa is going to be my first option. And my second one is going to be an Osada.
Awesome.
[Walter Brenes]
Well, Walter, it’s been an absolute pleasure having you in the podcast. I’ll put all of your contact details and all your company details in the description, but keep fighting for Costa Rica and Costa Ricans. Thank you.

James Neale

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