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COMMISSION FOR ENVIRONMENTAL COOPERATION

THREE COUNTRIES WORKING TOGETHER TO PROTECT OUR SHARED ENVIRONMENT


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Registry of Submissions

Interested members of the public may follow the status of and obtain information about any Submission on Enforcement Matters (“SEM”) by consulting the Registry of Submissions maintained by the CEC Secretariat. Physical files on each SEM are maintained at the Secretariat’s headquarters in Montreal and may be consulted and reproduced upon request.  Moreover, publications relevant to the SEM process such as factual records are available at the Secretariat’s headquarters in Montreal, and its office in Mexico City. 

Guideline 15 of the Guidelines for Submissions on Enforcement Matters under Articles 14 and 15 of the North American Agreement on Environmental Cooperation contains a list of the documents and information that are included in the Registry of Submissions. 

The Registry of Submissions may be searched by year, country concerned (i.e., Canada, Mexico, or the United States), and submission status, via the menu on the right. An alphabetical list of all submissions is included below. Clicking on the name of a submission opens that submission’s respective page where relevant information and documents are posted. 

For more information on the SEM process provided for under Articles 14 and 15 of the North American Agreement on Environmental Cooperation, click here.

Submissions

The Submitters allege that the government of Canada, is failing in its obligation as enumerated in Article 2(3) of the North American Agreement on Environmental Cooperation (NAAEC).
The Submission refers to pollution of wetland areas and its impacts on the habitat of fish and migratory birds.
The Submitter alleges that the government of Quebec, and more precisely, the Communauté Métropolitaine de Montréal (CMM) is failing to effectively enforce its environmental law with regard to gasoline vapour emissions from service stations in suburban Montreal.
The submission SEM-10-002 (Alberta Tailings Ponds), alleges that tailings ponds resulting from the extraction of bitumen from mined oil sands deposits in northern Alberta, "contain a large variety of substances that are deleterious to fish," and that "these substances migrate to groundwaters and the surrounding soil and surface waters."
The Submitter alleges that the shoe-parts manufacturing facility of ALCA, S.A. de C.V. releases highly toxic contaminants into the Submitter's neighborhood of Santa Isabel Industrial.
The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to a citizen complaint he filed with the Office of the Federal Attorney General for Environmental Protection (Procuraduría Federal de Protección al Ambiente-Profepa) in 1995. The Submitter alleges that there are environmental irregularities in the operation of a footwear materials factory by ALCA, S.A. de C.V. (ALCA) in the Santa Isabel Industrial neighborhood of Iztapalapa Delegation in Mexico, D.F., where the Submitter lives. He asserts that his health and that of his family have been affected by the pollution generated by the factory. Final Factual Record
The Submission alleges that the United Mexican States is failing to effectively enforce its environmental laws with respect to the establishment and operation of [Granjas Aquanova S.A.] a shrimp farm located in Isla del Conde, Municipality of San Blas, Nayarit, Mexico. Final Factual Record
The Submitters allege that the Canadian Government is failing to enforce the Fisheries Act, and to utilize its powers pursuant to the National Energy Board Act, to ensure the protection of fish and fish habitat in British Columbia's rivers from ongoing and repeated environmental damage caused by hydro-electric dams. Final Factual Record
The Submitters allege that the Government of Canada "is in breach of its commitments under NAAEC to effectively enforce its environmental laws and to provide high levels of environmental protection." Final Factual Record
The submission alleges a systemic failure of Canada to enforce section 36(3) of the Fisheries Act to protect fish and fish habitat from the destructive environmental impacts of the mining industry in British Columbia. Final Factual Record
The Submitters assert generally, that as a result of alleged failures to enforce sections 35 and 36 of the Fisheries Act, Canada is “exposing wild salmon to amplified levels of parasites such as sea lice, viral and bacterial diseases, toxic chemicals and concentrated waste.”
The Submitter asserts that the construction of the Project neither took into consideration nor respected the Laguna de las Ilusiones ecological reserve, designated as a protected nature area.
The Submitters alleged that Canada is failing to enforce its regulation ratifying the Convention on Biological Diversity signed at the Rio Earth Summit on June 11, 1992 and subsequently ratified pursuant to an Order-in-Council on December 4, 1992.
The Submitter alleged that Canada has failed to enforce its law requiring environmental assessment of federal initiatives, policies and programs.
The Submitters assert that the United States is failing to effectively enforce the federal Clean Water Act against coal-fired power plants for mercury emissions that are allegedly degrading thousands of rivers, lakes and other waterbodies across the United States. Final Factual Record
The Submitters assert that Mexico is failing to effectively enforce the provisions of its environmental legislation by permitting the construction of a liquid natural gas re-gasification terminal, immediately adjacent to the Coronado Islands-situated near the coast of the state of Baja California-and a breeding colony of the endangered seabird Xantus's Murrelet (Synthliboramphus hypoleucus) and other species considered at risk.
The Submitters alleged that the appropriate authorities failed to effectively enforce environmental laws during the evaluation process of the project "Construction and Operation of a Public Harbor Terminal for Tourist Cruises on the Island of Cozumel, State of Quitana Roo". Final Factual Record
The Submitter asserts that the alleged extraction activities have had a negative environmental impact and that Diamond Golf Internacional did not obtain the permits and authorizations required to carry out the mining activities. The Submitter claims it filed a citizen complaint (Denuncia Popular) with Mexico's Federal Agency for Environmental Protection (Procuraduría Federal de Protección al Ambiente, PROFEPA) and that PROFEPA has taken action against the operator of the extraction activities but not against Diamond Golf Internacional.
The Submitters allege that Mexico failed to effectively enforce its environmental law in authorizing the operation of a hazardous waste landfill (CYTRAR) less than six kilometers away from Hermosillo, Sonora.
The submission asserts that Mexico is failing to effectively enforce its environmental law in relation to the establishment and operation of the Cytrar hazardous waste landfill near the city of Hermosillo, Sonora, Mexico.
The Submitters allege that Mexico is failing to effectively enforce its environmental law at a hazardous waste landfill owned by Cytrar, S.A. de C.V. in Sonora, Mexico.
The submitters assert that Mexico failed to enforce effectively environmental laws, by denying probative value in a civil trial, in relation to groundwater contamination caused by the firm Dermet, S.A. de C.V. of Guadalajara in Jalisco.
The Submitters assert that Canada and the United States are failing to effectively enforce anti-pollution provisions in the 1909 International Boundary Waters Treaty (Treaty) with respect to the construction and operation by the state of North Dakota of an outlet to drain water from Devils Lake into the Sheyenne River, the Red River Basin, Lake Winnipeg, and ultimately into the broader Hudson Bay drainage system.
The Submitters assert that Canada and the United States are failing to effectively enforce anti-pollution provisions in the 1909 International Boundary Waters Treaty (Treaty) with respect to the construction and operation by the state of North Dakota of an outlet to drain water from Devils Lake into the Sheyenne River, the Red River Basin, Lake Winnipeg, and ultimately into the broader Hudson Bay drainage system.
The Submitters assert that Mexico is failing to effectively enforce its environmental laws with respect to a sludge treatment and disposal project being carried out by Consorcio de Arquitectura y Ecología (Caresa) in the municipality of Cunduacán, Tabasco.
The Submitters assert that Mexico is failing to effectively enforce its environmental laws with respect to the "El Boludo" mining project on the site called "El Tiro," owned by the Submitters and located in the Municipality of Trincheras, Sonora, Mexico.
The Submitters assert that Mexico is failing to effectively enforce various provisions of Mexican environmental law regarding the prevention, monitoring, oversight and control of air pollution in Hermosillo, Sonora.
The Submitters assert that Mexico is failing to effectively enforce a number of provisions and official standards of Mexican environmental law on air pollution prevention, monitoring, enforcement and control in the city of Hermosillo, Sonora. Final Factual Record
The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to a site contaminated with heavy metals, located at the Ex Hacienda El Hospital in the municipality of Cuautla, Morelos.
The Submitters assert that Mexico is failing to effectively enforce its environmental law with respect to alleged illegal acts occurring during the operation, closing and dismantling of a facility for pigments for paint production operated by BASF Mexicana, S.A. de C.V. ("BASF") from 1973 to 1997. Final Factual Record
The Submitter asserts that Mexico is failing to effectively enforce its environmental law with respect to the operation, closure and dismantling of a paint pigment manufacturing plant operated by BASF Mexicana, S.A. de C.V. (BASF) in Cuautla, in the state of Morelos. Final Factual Record
The Submitters alleged that the United States is failing to effectively enforce the National Environmental Policy Act with respect to the United States Army's operation of Fort Huachuca, Arizona.
The submission asserts that Mexico is failing to effectively enforce its environmental laws by not duly processing or responding to a citizen complaint filed with the Office of the Federal Attorney for Environmental Protection (Procuraduría Federal de Protección al Ambiente-Profepa) on 16 February 2004. The complaint deals with the death of fish in the Laguna Superior of the Gulf of Tehuantepec in Oaxaca, Mexico, due to the alleged spillage of 68,000 liters of gasoline into the lagoon following a tanker truck accident. The submitters identify the truck as being owned by the company Servicio Especializado Huerta, SA. They argue that the alleged spilled caused harm to the environment, killed fish, and endangered the health of the indigenous Zapotec community in the area.
The Submitters assert that the US Environmental Protection Agency's regulations drafted and programs adopted to control airborne emissions of dioxin/furan, mercury and other persistent toxic substances from solid waste and medical waste incinerators violate and fail to enforce both: 1) US domestic laws, and; 2) the ratified US-Canadian treaties designed to protect the Great Lakes that are partly referenced in the US Clean Air Act.
The Submitters allege that Mexican Federal Attorney General and the Federal Judiciary did not duly enforce the General Law on Ecological Balance and Environmental Protection (LGEEPA) in relation to the explosions in the Reforma area of the city of Guadalajara, state of Jalisco.
The Submitters assert Mexico is failing to effectively enforce its environmental laws by not properly processing their complaint against the companies Ecolimpio de México, SA de CV and Transportes J. Guadalupe Jiménez, SA, and by not penalizing those companies. The Submitters claim that both companies operate in violation of the law, causing serious damage to the environment and their property. Furthermore, they assert that the companies are seriously endangering their health and physical well-being due to the improper management of hazardous waste.
The Submitters allege "legal violations and irregularities in the permit-granting process for the Home Port Xcaret project," which they assert "will irreparably affect and destroy the natural resources and coral ecosystems, gravely endangering countless marine species." They assert that the project's EIA violates Article 34 of the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente—LGEEPA) and Articles 37, 38 and 40 through 43 of the Environmental Impact Regulations thereunder, since the project developer failed to make certain information about the project available to the public and to hold a public consultation or information meeting. The Submitters further assert that the project affects protected coral colonies and that the developer failed to process the EIA with the Quintana Roo State Secretariat of Development and Environment (Secretaría de Desarrollo y Medio Ambiente). The submission is accompanied by a video showing marine life and a reef system near where the project will be located, with numerous newspaper articles.
The Submitters assert that Canada is failing to effectively enforce the pollution prevention provision of the federal Fisheries Act to address contaminants being discharged from the Iona Island (British Columbia) Wastewater Treatment Plant, which have a deleterious affect on fish and fish habitat.
The Submitters allege that the United States is failing to enforce the Migratory Bird Treaty Act which prohibits the killing of migratory birds without a permit; and the Endangered Species Act of 1973 (ESA), which prohibit the taking of endangered and threatened species, require the protection of such species "whether by protection of habitat and food supply", and require the designation of "critical habitat".
The submission asserts that the Attorney General's branch office for Environmental Protection (Procuraduría Federal de Protección al Ambiente,"Profepa") in Quintana Roo is failing to investigate and prosecute the actions of a local hotel involving the construction of a jetty on the Cancun coast where the hotel is located, in violation of Mexico's environmental impact assessment laws.
The Submitters assert that Mexico is failing to effectively enforce its environmental law in connection with a contaminated site located in Zapopan, Jalisco, on which construction of the "La Ciudadela" development is planned.
The Submitters allege that Mexico is failing to enforce environmental law, in connection with the citizen complaint filed on 23 September 1996, concerning the degradation of the Lerma Santiago River- Lake Chapala Basin.
The Submitters assert that Mexico is failing to effectively enforce its environmental law with respect to the Lerma-Chapala-Santiago-Pacífico basin. According to the Submitters, this has resulted in serious environmental deterioration and uneven water distribution in the basin, as well as the risk that Lake Chapala and its migratory birds will eventually disappear. Final Factual Record
Submitters alleged that provisions of the Fiscal Year 1995 Supplemental Appropriations, Disaster Assistance and Rescissions Act result in a failure to enforce effectively all applicable Federal environmental laws by eliminating private remedies for salvage timber sales.
The Submitter asserts that Mexico is failing to effectively enforce its environmental law with respect to the protected natural area known as "Los Remedios" National Park in Naucalpan, State of Mexico.
The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to the conservation and protection of Los Remedios National Park, in Naucalpan, State of Mexico.
The Submitter asserts that the US Environmental Protection Agency has failed to use the Clean Air Act to address “environmental hazards discovered in the agency’s July 2012 Risk Management Plan inspection of the ExxonMobil Refinery in Baton Rouge, Louisiana.”
The Submitters allege that Mexico has failed to effectively enforce its environmental law in connection with an abandoned lead smelter in Tijuana, Baja California, Mexico, that poses serious threats to the health of the neighboring community, and to the environment. Final Factual Record
The Submitters allege that "the State of California and/or the United States of America, has failed to enforce California's environmental laws and regulations related to water resource protection and to the regulation of underground storage tanks."
In the submission received by the CEC Secretariat on 7 February 2002, Jorge Rafael Martínez Azuela and other neighbors in the area surrounding the Mexico City International Airport (Aeropuerto Internacional de la Ciudad de México-AICM) assert that Mexico is failing to effectively enforce its environmental laws with respect to the noise emissions originating at that airport. According to the Submitters, there are studies showing that the noise emissions of the AICM exceed the limits established in environmental law, causing irreversible damage to the thousands of persons living near the airport.
The Submitters allege that the United States Government is failing to effectively enforce Section 703 of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. par. 703-712, which prohibits the killing of migratory birds without a permit. Final Factual Record
The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to the authorization of an open-pit mining project in the town of Cerro de San Pedro, San Luis Potosí.
The Submitter asserts violation of the provisions of LGEEPA regarding air quality and Official Mexican Standards for environmental health.
The Submitters allege that Mexico has failed to effectively enforce the General Law of Ecological Equilibrium and Environmental Protection regarding the operation of the company Molymex, S.A. de C.V. Final Factual Record
The submission asserts that Canada is failing to effectively enforce the federal Fisheries Act against the City of Montreal in regard to the discharge to the St. Lawrence River of toxic pollutants from the city's Technoparc site, located in Pointe-Saint-Charles. The submitters assert that polychlorinated biphenyls (PCBs), polycylic aromatic hydrocarbons (PAHs) and other pollutants are being discharged from Technoparc, the site of an historic industrial and municipal waste landfill. The City of Montreal now owns the site. Final Factual Record
The Submitters assert that Canada, and more specifically the province of Quebec, failed to effectively enforce Articles 1, 4 and 5 of its Parks Act (Loi sur les parcs) as well as its Sustainable Development Act (Loi sur le développement durable) by adopting legislation in June 2006 that removed a ski resort and golf course from Mt. Orford National Park, with the intention of offering them for sale.
The Submitter believes that regulatory agencies in California are not enforcing environmental laws, relating to underground storage tanks (USTs) with the result that significant volumes of gasoline continue to leak into and contaminate soil, water and air in that State."
The Submitter alleged that the Government of Canada is failing to apply, comply with and enforce the habitat protection sections of the Fisheries Act and the CEAA (Canadian Environmental Assessment Act).
The Submitter alleges that Canada is failing to apply, comply with and enforce the habitat protection sections of the Fisheries Act and the CEAA (Canadian Environmental Assessment Act). Final Factual Record
The Submitters assert that the federal government's 1998 "Decision Framework for the Determination and Authorization of Harmful Alteration, Disruption or Destruction of Fish Habitat" is not authorized by or compatible with the Fisheries Act or the CEAA. The Submitters contend that between 1 April 2001 and 31 March 2002, the Minister of Fisheries and Oceans (DFO) was involved in 6922 letters of advice to project proponents that were unlawful because they were not authorized under section 35 of the Fisheries Act and because no environmental assessment was conducted as required by section 5 of CEEA before the letters were issued.
The Submitters assert that Canada is failing to effectively enforce section 6(a) of the Migratory Bird Regulations (MBR) adopted under the Migratory Birds Convention Act, 1994 (MBCA) against the logging industry in Ontario. Final Factual Record
The Submitters allege that Canada is failing to effectively enforce Section 6(a) of the Migratory Bird Regulations (MBR) adopted under the Migratory Birds Convention Act, 1994, in regard to logging in four forest management units (FMUs) in Ontario. Section 6(a) of the MBR makes it an offence to disturb, destroy or take a nest or egg of a migratory bird without a permit. On 14 October, the CEC Secretariat requested a response to the submission from Canada. Final Factual Record
The Submitters assert that emissions of mercury, sulfur dioxide and nitrogen oxides from Ontario Power Generation's (OPG) coal-powered facilities pollute the air and water downwind, in eastern Canada and northeastern United States. They assert that Canada is failing to effectively enforce sections 166 and 176 of the Canadian Environmental Protection Act, which, they claim, obligate the Minister of the Environment to take action to address Canadian sources of pollution that he has reason to believe are causing air or water pollution in the United States. They also assert that Canada is failing to effectively enforce section 36(3) of the Fisheries Act against the OPG facilities. Section 36(3) prohibits the deposit of a deleterious substance into water frequented by fish or in any place under any conditions where the substance may enter such water.
The submission alleged "improper administrative processing, omission and persistent failure to effectively enforce" environmental law in connection to a citizen complaint filed by the Submitter.
The Submitter asserts that Canada, and more specifically the province of Québec, is failing to effectively enforce Québec's Environment Quality Act ("Act" or "EQA") and the Regulation Respecting the Burial of Contaminated Soils ("Regulations") by issuing a permit for the use of chemical oxidation to treat PCB-contaminated soils without evidence that the process works.
The Submitter asserts that Canada is failing to effectively enforce Canada’s Species at Risk Act (the “Act” or “SARA”) by failing to list the polar bear in a timely manner as a threatened or endangered species, “thus denying the bear any substantive legal protections under SARA.”
While noting that pollution from pulp mills has dropped since adoption of the PPER in 1992, the Submitters have documented over 2,400 documented violations of the PPER at mills in central and eastern Canada from 1995 to 2000 and claim very few were prosecuted. They claim that low numbers of prosecutions correlate with continuing high numbers of violations in Quebec and the Atlantic Provinces. Final Factual Record
The Submitter asserts that Canada, and more specifically the province of Quebec, is failing to effectively enforce articles 96.1 and 96.2 of Quebec's "Regulation respecting the Quality of the Atmosphere" (Règlement sur la qualitè de l'atmosphère-RQA) and articles 19.1, 20 and 51 of the Quebec Environment Quality Act (Loi sur la qualité de l'environnement-LQE) in connection with emissions of hydrocarbons, carbon monoxide and nitrogen oxides from post-1985 light vehicle models. Final Factual Record
The Submitters allege a failure to enforce several environmental standards related to hog production on the territory of the Province of Quebec.
The Submitters assert that follow-up plans for the remediation and redevelopment of mining sites are lacking, there are irregularities in the payments of financial guarantees set aside for the remediation of Québec mining sites, and that management of access to information is poor.
The Submitter asserts that the US Environmental Protection Agency has failed to enforce the 1990 Clean Air Act and its amendments.
The Submitters allege that wastewater originating in the municipalities of Imuris, Magdalena de Kino, and Santa Ana, located in the Mexican state of Sonora, is being discharged into the Magdalena River without prior treatment. Final Factual Record
The Submitters assert that the Canadian government is failing to effectively enforce its environmental laws with respect to the harp seal hunt that takes place in the Gulf of St. Lawrence and along the Newfoundland and Labrador coast in Canada every year in the spring.
In submission SEM-09-005 (Skeena River Fishery), the Submitter asserts that Canada is allowing commercial salmon fishers to "ignore license conditions aimed at protecting and conserving certain kinds of fish."
The Submitters assert that Canada is failing to effectively enforce the federal Species at Risk Act with respect to at least 197 of the 529 species identified as at risk in Canada.
Submitters alleged that provisions of the "Rescissions Act" have resulted in a failure to enforce effectively selected provisions of the Endangered Species Act.
The Submitters allege that Canada is failing to effectively enforce its environmental law by not preventing chemical and sewage spills to the St. Clair River in Sarnia, Ontario, and failing to notify downstream areas in the St. Clair-Detroit River corridor about spill incidents.
The Submitters assert that Canada and Quebec are failing to effectively enforce various environmental laws concerning migratory birds, endangered species, and local municipalities.
The Submitter asserts that since 1963 a limestone open-pit mine has been operating adjacent to the National Park of Sumidero Canyon (the "Canyon"). The Submitter further asserts that in recent years the east face of the Canyon has been "severely damaged with cracks," allegedly due to the quarry operations.

The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to the operations of a limestone quarry, which is allegedly causing damage to the Sumidero Canyon in Chiapas, Mexico.
The Submitters allege a failure by Mexico to effectively enforce its environmental law by denying access to environmental justice to Indigenous communities in the Sierra Tarahumara in the State of Chihuahua. Final Factual Record
According to the submission, "the Mexican government is authorizing various construction projects and tourist real estate operations in ecologically sensitive areas."
The Submission asserts that the Government of Mexico is failing to effectively enforce its environmental laws with regard to control, inspection, and investigation of gene flow allegedly originating from transgenic maize in Chihuahua, Mexico.
The Submitters assert that the Government of Mexico is failing to effectively enforce its environmental laws with regard to the protection of the Laguna de Cuyutlán, Manzanillo, which-according to the submitters-represents 90 percent of wetlands in the state of Colima, Mexico and is the fourth largest wetland in the country.
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