Submission

Summary of the matter addressed in the submission:

The Submitter asserts that Mexico is failing to effectively enforce its environmental laws to adequately evaluate the environmental impacts of a residential development in Tlajomulco de Zúñiga, near La Primavera Forest Protected Area in Jalisco, Mexico. The area is also designated as a biosphere reserve by UNESCO.

In submission SEM-23-004 (La Primavera Forest II), the Submitter asserts that Mexico is failing to follow the environmental impact assessment procedure to manage and mitigate environmental impacts of the Bosque Alto – Santa Anita Hills residential development project and uphold the right to a healthy environment. In particular, the Submitter claims that Mexico is failing to effectively enforce provisions of the Mexican Constitution, the General Act on Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente) and the General Act on Sustainable Forestry Development (Ley General de Desarrollo Forestal Sustentable).

The Submitter maintains that the residential development project will damage forest resources and may result in erosion; loss of surface soil; large amounts of water runoff; removal of nutrients and organic matter; reduced rooting depth of plants; decreased rates of infiltration and water retention, and diminished carbon sequestration and oxygen production due to the removal of trees. The Submitter states that development of the project under its current authorization will alter the balance of the ecosystem, decreasing its capacity to provide ecosystem services for the community such as air and water purification, climate regulation, and protection against natural disasters, potentially leading to an irreversible loss of natural resources and a decrease in the quality of life of the people who depend on them.

A similar submission, SEM-15-001 (La Primavera Forest), was filed with the CEC Secretariat in 2015, asserting that the Santa Anita Hills development project was causing the destruction of the buffer zone of La Primavera Forest Protected Area. The Council instructed the Secretariat not to prepare a Factual Record in that case.

Summary of the response provided by the Party:

The Party stated in its Response that certain articles of the General Ecological Equilibrium and Environmental Protection Act (Ley General del Equilibrio Ecológico y la Protección al Ambiente) and its environmental impact regulation, the General Sustainable Forestry Development Act (Ley General de Desarrollo Forestal Sustentable) and its regulation, the General Climate Change Act (Ley General de Cambio Climático), and the Federal Environmental Responsibility Act (Ley Federal de Responsabilidad Ambiental) are unrelated to the assertions made in the Submission. In the opinion of the Party, the Submitter’s assertions have either been addressed by the Mexican authorities or are unrelated to the arguments in the Submission.

The Party shared information about the area where the Santa Anita Hills project—also known as Bosque Alto—is to be developed, which is covered by the executive order issued by the Governor of the State of Jalisco establishing the Cerro El Tajo Environmental Recovery Zone under state jurisdiction.

The Party shared information about a forested land use change approval issued in 2015 for the Santa Anita Hills project, located in the municipality of Tlajomulco de Zúñiga, Jalisco, in response to an application filed under Modality A of the Unified Administrative Procedure, such that it fell under the jurisdiction of the competent federal authority for purposes of forestry and environmental impact assessment. In addition, the Party shared information about fire no. 14-14-0067. In this regard, the Fire Management Unit (Gerencia del Manejo del Fuego) of the National Forest Commission (Comisión Nacional Forestal) provided information on three forest fires in the zone of the area delimited by Cerro El Tajo.

On another note, the Party provided information on legal and administrative proceedings as well as on acts of inspection and surveillance carried out in the Bosque La Primavera Wildlife Protection Area that are related to the Santa Anita Hills real estate development. The Party also stated that the acts of inspection and surveillance may point to facts which, if determined to be environmental offenses, would be reported to the Office of the Federal Public Prosecutor (Ministerio Público Federal) for follow-up.

For the foregoing reasons, the Party requests that the CEC Secretariat proceed no further with its review of the Submission.

Names and citations of the environmental laws in question:

Provisions of the Mexican Constitution, the General Act on Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente) and the General Act on Sustainable Forestry Development (Ley General de Desarrollo Forestal Sustentable)

Submitter(s):

Unión de Colonias de la Puerta Sur