Legal protection of subterranean ecosystems: a world of obscurities

Abstract

This paper analyses the problems that the legal protection of subterranean ecosystem has in Spain. For that purpose, the study takes into consideration the special characteristics of these ecosystems and the limited scientific research on them and examines critically the territorial power distribution on environmental law and the different measures that the present laws offer to preserve subterranean ecosystems. The conclusion is that there are two main problems: the fragmentation of Spanish environmental laws and plans of protection; and the absence of a specific legal treatment for these singular ecosystems, except for groundwater and certain regional legal provisions on caves. Therefore, the paper proposes the introduction of a specific regulation of the relevant subterranean systems in the basic norms of environmental law approved by the State.