Submission

Summary of the matter addressed in the submission:

The Submitters assert that Mexico is failing to effectively enforce its environmental laws to assess the environmental impacts of a railway project linking the municipalities of Ímuris, Santa Cruz, and Nogales in the state of Sonora, Mexico.

The Submitters assert that the railway project did not undergo the environmental impact assessment (EIA) process as required for this type of infrastructure project. In particular, the Submitters claim that Mexico did not evaluate the environmental impacts of the project prior to starting construction and did not issue an environmental impact authorization in a timely manner, failing to uphold the preventive nature of the EIA. Although the state of Sonora allegedly filed for a provisional authorization of the project, the Submitters note that this type of provisional authorization does not exist under applicable environmental law. Accordingly, the Submitters allege that by not following the EIA process and treating information related to the project as confidential, the relevant authorities are keeping the full impacts of the project from public knowledge. The Submitters also state that the railway project crosses a Natural Protected Area, a conservation ranch known as Rancho El Aribabi, and contributes to habitat fragmentation in a biodiverse region that is home to endangered species such as the jaguar, ocelot and black bear, as well as at least one endemic species, the Sonora mud turtle.

Summary of the response provided by the Party:

In its response, the Party states that the submission did not meet all admissibility requirements and holds that the Internal Regulations of the Ministry of Environment and Natural Resources (Reglamento Interior de la Secretaría de Medio Ambiente y Recursos Naturales) do not constitute an environmental law in accordance with the USMCA/CUSMA.

The Party asserted that the matter raised in the submission is subject to a citizen complaint (denuncia popular) which, according to the Party, constitutes a pending administrative proceeding and requests that the Secretariat terminate the Submission accordingly.

The Party further states that the environmental impact assessment for the Sonora railway project was carried out in accordance with the terms and laws in effect when the work was performed.

Lastly, the Party indicates that the railway project does not cross a Protected Natural Area as asserted by the Submitters, since the areas potentially affected by the project route are no longer subject to a protection category under the federal protected area system.

Names and citations of the environmental laws in question:

The Submitters cite provisions from the Mexican Constitution, the General Act on Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente—LGEEPA), the LGEEPA EIA Regulations (Reglamento de la LGEEPA en Materia de Evaluación del Impacto Ambiental) and the Internal Regulations of the Ministry of Environment and Natural Resources (Reglamento Interior de la Secretaría de Medio Ambiente y Recursos Naturales).

Submitter(s):

Center for Biological Diversity, Centro Mexicano para la Defensa del Ambiente