The Colombian Constitutional Court is asked to review the constitutionality of the Article 44 of Law 99 of 1993, which creates the Ministry of Environment, rearranges the public sector responsible for the management and conservation of the environment and renewable natural resources, organizes the National Environmental System, and enacts other regulations".

The applicants argue that this rule violates several Articles of the Constitution, and emphasize and focus their argumentation on the basis of Articles 317.2, 359, 362 and 350. The main elements on which the claim is based are related to the imposition of surcharges and environmental percentages on the municipalities, and on the fact that the decision making process is though and took place without people participation.

The Court considered that the challenged Article is constitutional, for this reason dismissed the claim of the applicants.