Environmental Law in Mexico: A Comprehensive Guide
I. Policy Framework, National and Global
1.6.1. Institutions Related to National Environmental Legislation
Federal:
- Ministry of Environment, Natural Resources and its delegations in the states (SEMARNAT)
- National Ecology Institute (INE)
- Federal Attorney for Environmental Protection and Delegations
State (Sonora):
- Ministry of Urban Infrastructure and Ecology (SIUE)
- Municipalities of the entity
- CEDES (Commission on Ecology and Sustainable Development of Sonora)
1.6.1.1 Overview of the Mexican Environmental Law
Federal:
- General Law of Ecological Equilibrium and Environmental Protection (LGEEPA)
State (Sonora):
- Law 217: Law of Ecological Equilibrium and Environmental Protection for the State of Sonora.
Municipal:
- Regulation on Prevention and Control of Environmental Pollution
1.6.2. Laws Related to the National Environmental Legislation
- General Law of Ecological Equilibrium and Environmental Protection
- Land Law
- Forestry Law
- Water Law
- Hunting Act
- Law of Soil and Water Conservation
- Federal Animal Health Law
- Federal Plant Protection Act
- Health Law
- Federal Law of the Sea
- Mining Law
- Federal Law on Metrology and Standardization
- National Assets Law
- Expropriation Act
- Planning Law
- Federal Tourism Law
- Federal Administrative Procedure Act
- Federal Tax Code
- General Law on Human Settlements
- Public Works Act
- Organic Law of the Federal Civil Service
- General Law of Population
- Federal Housing Act
- Federal Maritime Law Land and reclaimed land
- Federal Law
1.6.2.1 Regulations:
- Internal Regulations of the Ministry of Environment, Natural Resources and Fisheries.
- Regulation of the Law on Ecological Equilibrium and Environmental Protection.
- In terms of environmental impact
- In hazardous waste
- In terms of prevention and control of air pollution
- For the prevention and control of pollution caused by motor vehicles and engines that circulate in the Federal District and the Municipalities of SC.
- To prevent and control marine pollution by dumping of other materials
- For the protection of the environment caused by noise pollution
- For land transport and hazardous waste
- Regulation of the mining law
- Regulations of the federal law of the sea
II. Environmental Law on Environmental Impact
II.1. SEMARNAT
The Ministry of Environment and Natural Resources (SEMARNAT) is the government agency responsible for promoting the protection, restoration, conservation, and sustainable use of ecosystems, natural resources, and environmental goods and services.
II.1.1 Vision of the Secretariat
“A country where all cherish a deep and sincere concern for protecting and conserving the environment and use natural resources sustainably reconciling economic development, harmony with nature and cultural diversity.”
II.1.2 Mission of the Secretariat
“Incorporate in all areas of society and the public, criteria and instruments to ensure optimum protection, conservation and utilization of our natural resources, thus forming an integrated, comprehensive environmental policy within the framework of sustainable development.”
II.1.3. Overall Objectives
- Promote sustainable development and conduct and evaluate environmental policy and natural resources with societal participation.
- Promote the recovery, conservation, and sustainable use of forest resources and environmental services.
- Preserve the country’s most representative ecosystems and biodiversity, particularly protected species, with the responsible participation of all social sectors.
- Halt and reverse the loss of natural capital and pollution of life-supporting systems (water, air, and soil) with the responsible participation of society.
- Seek and promote compliance with environmental law and natural resources through inspection, monitoring, voluntary participation, and prompt justice.
- Administer human, material, financial, and computer resources assigned to the Secretariat effectively and efficiently.
- Manage and preserve national waters with societal participation to achieve sustainable use of this resource.
II.1.4. Background of SEMARNAT
Mexican environmental policy has evolved over several decades, starting with the Law on Soil and Water Conservation in the 1940s and the Law to Prevent and Control Environmental Pollution in the 1970s. The creation of SEDUE in 1982 marked a shift towards a holistic approach to environmental protection. The General Law of Ecological Equilibrium and Environmental Protection (LGEEPA) in 1988 laid the foundation for the country’s current environmental policy. SEMARNAT was established in 2000 to further strengthen environmental protection efforts.
II.2. National Ecology Institute (INE)
Mission:
“The generation of scientific and technical information about environmental problems and human resource training, to inform society, support decision-making, promote environmental protection, promoting sustainable use of natural resources, and support the Ministry of Environment and Natural Resources in meeting its objectives.”
Vision:
“A public agency leader in applied environmental research, which develops and promotes scientific cooperation projects that contribute effectively to solving major environmental problems of Mexico and to support conservation and environmental restoration throughout the country.”
II.3 COMMISSION OF ECOLOGY AND SUSTAINABLE DEVELOPMENT OF THE STATE OF SONORA (CEDES)
CEDES is a decentralized public agency responsible for developing, implementing, and evaluating environmental policy in Sonora. It promotes participation from social and private sectors in environmental actions and conducts research on ecological preservation and restoration.
II.3. REGULATIONS
II.3.1. POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES ENACTED IN 1917: Article 27
This article establishes the nation’s ownership of lands and waters within its territory and the right to transmit title to private persons.
II.3.2. FEDERAL WATER LAW
The National Water Law of 1992 defines the country’s water policy and management. The National Water Commission (CNA) is the responsible authority. Water management focuses on social, economic, and environmental dimensions, aiming for sustainable use and improved living conditions.
II.3.3. GENERAL HEALTH LAW
Part Seven, Chapter IV of the General Health Law addresses environmental effects on health. It outlines the responsibilities of health authorities in protecting human health from environmental risks and damages. This includes setting maximum allowable contaminant concentrations, issuing standards for water treatment, and promoting basic sanitation.
II.4. GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION IN ENVIRONMENTAL IMPACT ASSESSMENT (LGEEPA)
II.4.1. CHAPTER I: GENERAL PROVISIONS
This chapter defines the scope and objectives of the LGEEPA and outlines the responsibilities of the Secretariat (SEMARNAT) in environmental impact assessment.
II.4.2. CHAPTER II: WORKS OR ACTIVITIES REQUIRING APPROVAL ON ENVIRONMENTAL IMPACT AND EXCEPTIONS
This chapter lists the types of works or activities that require environmental impact assessment before they can be carried out.
II.4.3. CHAPTER III: PROCEDURE FOR THE ENVIRONMENTAL IMPACT ASSESSMENT
This chapter details the steps involved in the environmental impact assessment process.
II.4.4. CHAPTER IV: THE PROCEDURE FROM THE PRESENTATION OF THE PREVENTIVE REPORT
This chapter outlines the process of submitting a preventive report for works or activities that may have environmental impacts.
II.4.5. CHAPTER V: PROVIDERS OF ENVIRONMENTAL IMPACT ASSESSMENT
This chapter discusses the qualifications and responsibilities of individuals or entities that prepare environmental impact assessments.
II.4.6. CHAPTER VI: PUBLIC PARTICIPATION AND THE RIGHT TO INFORMATION
This chapter emphasizes the importance of public participation and access to information in environmental impact assessment processes.
II.4.7. CHAPTER VII: THE ISSUANCE OF THE RESOLUTION ON THE ENVIRONMENTAL IMPACT ASSESSMENT
This chapter explains the process of issuing a resolution on the environmental impact assessment, including the factors considered and the possible outcomes.
II.4.8. CHAPTER VIII: INSURANCE AND GUARANTEES
This chapter discusses the requirement for insurance or guarantees to ensure compliance with environmental regulations and to cover potential damages.
II.4.9. CHAPTER IX: INSPECTION, SAFETY, AND PENALTIES
This chapter outlines the procedures for inspection, enforcement, and penalties related to environmental impact assessment and compliance with environmental regulations.