| Montreal, 29/07/2005 – On 11 July 2005, the Commission for Environmental Cooperation (CEC) received a revised citizen submission asserting that Mexico is failing to effectively enforce its environmental law by allowing the construction of a liquefied natural gas regasification terminal adjacent to the Coronado Islands along the coast of Baja California and to a breeding colony of Xantus's Murrelet and other species considered at risk.
The revised submission SEM-05-002 (Islas Coronado) was filed by the Center for Biological Diversity, Greenpeace Mexico, Alfonso Aguirre and Shaye Wolf, American Bird Conservancy, Los Angeles Audubon Society, Pacific Environment and Resources Center, and Wildcoast (the Submitters). On 2 June 2005, the Secretariat of the CEC determined that the original submission, filed 2 May 2005, did not meet all the requirements of Article 14(1) of the North American Agreement on Environmental Cooperation (NAAEC) and gave the Submitters 30 days in which to file a revised submission in accordance with Article 14(1).
The revised submission provides information responding to the Secretariat's determination and clarifies which environmental impact-related provisions of Mexican environmental law are allegedly not being effectively enforced. In addition, the Submitters provided a copy of the Environmental Impact Assessment for the terminal project and of the authorization for the project issued by the Ministry of the Environment and Natural Resources (Secretaría del Medio Ambiente y Recursos Naturales—Semarnat). The Submitters also provided copies of correspondence with the relevant authorities and of documents regarding proceedings some of the Submitters initiated with respect to the terminal. The Submitters clarify that some of those proceedings were dismissed, while in the case of others, they could not afford the bond of nearly 66 million pesos required to continue the process.
The Secretariat of the CEC will now analyze the revised submission to determine whether it meets the requirements of NAAEC Article 14.
The CEC citizen submission mechanism makes it possible for citizens to play an active whistleblowing role in environmental law enforcement matters. Under NAAEC Article 14, any nongovernmental organization or person may file a submission asserting that a NAFTA Party is failing to effectively enforce its environmental law. After reviewing the submission, the CEC may investigate the matter and publish a factual record of its findings.
For more information, please visit the CEC's Citizen Submissions on Enforcement Matters page. |
