The Constitutional Court of Colombia is asked to review the previous judgment of the Superior Court of Valledupar.

The applicant appealed before the court against the company Drummond Ltd., alleging infringement to life, health, privacy and a healthy environment. The applicant stated that the house where he lives with his family is allocated 300 meters from the coal mine “Pribbenow”, property of the sued company, and is exploited "indiscriminately without any environmental control", since "mining works are carried out 24 hours a day".  The applicant pointed out that this provoke a great number of harms, for instance, unbearable noises, dust in air, health affections to those living close,, or contaminated water, among others.  The Court rejected the claims for lack of evidences.

The Constitutional Court followed the arguments of the applicant, condemning the defendant to implement the necessary measures to eradicate the damage generated and ordering the Ministry to enforce the Constitution and the recommendations of the World Health Organization regarding the adverse health effects and against the environment generated by coal mining on a large scale.