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Published in Winter 2002
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Citizen Submission Updates
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In February, the CEC publicly released the final factual record for the Metales y Derivados submission (SEM-98-007), which will be featured in the next issue of Trio. Five more factual records are being prepared by the Secretariat, two factual record recommendations are pending before Council, and two new submissions have recently been filed. In total, 11 citizen submissions are pending at the CEC.
Five new factual records in play: An opportunity to get involved
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| Abandoned since 1994, the Metalos y Derivados lead smelter left behind lead, arsenic, and cadmium in the rusty remains of its Tijuana maquiladora. |
The CEC Council unanimously instructed the Secretariat in November to prepare factual records for the Oldman River II (SEM-97-006), Aquanova (SEM-98-006), BC Mining (SEM-98-004), Migratory Birds (SEM-99-002), and BC Logging (SEM-00-004) submissions.
The Secretariat has completed work plans for all five and began implementing them in January.
Now it’s the public’s turn. As part of the fact-gathering process, the CEC is asking for any information relevant to these factual records. For specifics about what is needed in each case, please see <http://www.cec.org/citizen>. The Secretariat will accept information through the end of June 2002.
Two new notifications to Council that factual records are warranted
In late December, the Secretariat recommended a factual record in Molymex II (SEM-00-005), first filed with the CEC on 6 April 2000 by the Sonoran Academy for Human Rights (Academia Sonorense de Derechos Humanos) and Domingo Gutiérrez Mendívil. The submission claims that Mexico is failing to effectively enforce the General Law of Ecological Equilibrium and Environmental Protection in relation to a molybdenum plant operated by Molymex, S.A. de C.V. in Cumpas, Sonora.
A second factual record was recommended to Council in February. Río Magdalena (SEM-97-002), filed with the CEC on 7 April 1997 by Comité Pro Limpieza del Río Magdalena, asserts that Mexico is failing to effectively enforce its environmental law by allowing wastewater to be discharged untreated into the Magdalena River from the Sonoran municipalities of Imuris, Santa Ana, and Magdalena de Kino.
Both await Council’s vote on whether to proceed with the factual records. The full text of the submissions, Mexico’s responses, and the
Secretariat’s recommendations are available at <http://www.cec.org/citizen>.
Two new submissions
The Secretariat received two submissions in February, the first alleging that Canada is failing to effectively enforce a section under the Migratory Birds Convention Act in regard to logging in Ontario. Section 6(a) of the Act prohibits disturbing, destroying, or taking a nest or egg of a migratory bird without a permit. Ontario Logging (SEM-02-001) was filed by Canadian Nature Federation, Canadian Parks and Wilderness Society, Earthroots, Federation of Ontario Naturalists, Great Lakes United, Sierra Club (US), Sierra Club of Canada, and Wildlands League—all represented by the Sierra Legal Defence Fund.
The second submission alleges that Mexico is not effectively enforcing environmental laws that should limit noise levels at the Mexico City International Airport. According to the submitters, studies have shown that excessive noise from the airport is causing irreversible damage to thousands living nearby.
Mexico City Airport (SEM-02-002) was filed by Jorge Rafael Martínez Azuela and other residents of the surrounding area.
As of this writing, the Secretariat is reviewing whether these submissions meet basic requirements and require a response from Canada and Mexico.
The full text of these submissions is available at <http://www.cec.org/citizen>.
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North American Environmental Law and Policy Series, Volume 8