El Niño Phenomenon: What Legal Obligations Do Companies Have to Anticipate These Types of Climate Risks?
Energy & Natural Resources attorney José Vicente Zapata was interviewed at length by Semana magazine about the legal obligations that companies in the energy sector have to anticipate risks arising from the El Niño phenomenon, given forecasts of its possible arrival during the second half of 2026. The article suggested that companies adopt preventive measures and risk management strategies to ensure the continuity of their operations, in compliance with directives such as Circular 028 of 2026 of the Superintendence of Domiciliary Public Utilities and Resolution 1486 of 2018. Mr. Zapata also noted that environmental regulation and contingency plans serve as an essential mechanism for regulatory compliance, and corporate governance and compliance programs incorporating environmental, social and governance (ESG) criteria play a determining role in integrating climate-related risks into corporate decision-making processes. He additionally warned that deficient management of legal environmental obligations may result in administrative enforcement actions from the competent authorities.
"Anticipating events such as the El Niño phenomenon allows companies to demonstrate adequate risk management and compliance with applicable environmental and regulatory obligations. The timely implementation of contingency plans, monitoring mechanisms, risk management instruments and internal controls facilitates compliance with the requirements of the authorities and the obligations set forth in environmental control instruments, while contributing to ensuring the efficient provision of the service," he said.