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CEC receives submission on crushed gravel mining in Puerto PeƱasco, Sonora

 
Montreal, 18/01/2005 – On 12 January 2005, Inmobiliaria J and B Empresas, SA de CV, filed with the Secretariat of the Commission for Environmental Cooperation (CEC) of North America a citizen submission asserting that Mexico is failing to effectively enforce provisions of Mexico's environmental laws regarding environmental impact and land use in connection with the alleged extraction of crushed gravel from its property in Puerto Peñasco, Sonora, by the company Diamond Golf Internacional.

In submission SEM-05-001 (Crushed Gravel in Puerto Peñasco), Inmobiliaria J and B Empresas, SA de CV, 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 Attorney 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 Submitter also asserts that corrective measures ordered by Profepa have not been carried out. The Submitter asserts that, under Mexican law, the Mexican government should hold Diamond Golf Internacional accountable for restoration or compensation in connection with the environmental damage from the extraction activities.

The CEC Secretariat is analyzing the submission to determine whether it meets the requirements of Article 14 of the North American Agreement on Environmental Cooperation (NAAEC).

The citizen submissions mechanism of the CEC enables the public to play a whistle-blower role on matters of environmental law enforcement. Under Article 14 of the NAAEC, any person or nongovernmental organization may submit to the Secretariat a claim alleging that a NAFTA partner is failing to effectively enforce its environmental law. Following a review of the submission, the CEC may investigate the matter and pursue a factual record of its findings.

Please visit the Citizen Submissions on Enforcement Matters page for more information.

 

 


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