| Montreal, 24/10/2005 – On 24 October 2005, the Secretariat of the Commission for Environmental Cooperation (CEC) of North America terminated the process for the SEM-05-001 (Crushed Gravel in Puerto Peñasco) submission. The Submitter had alleged that Mexico is failing to effectively enforce certain provisions of its environmental law relating to environmental impact and land use in connection with crushed gravel mining which, it asserts, is being carried out illegally on its property. The submission was filed on 12 January 2005, by Inmobiliaria J & B Empresas, SA de CV.
Mexico filed a response to the submission on 18 May 2005. After reviewing the submission in light of Mexico's response, the Secretariat determined that, in spite of the failure of the Federal Attorney for Environmental Protection (Procuraduría Federal de Protección al Ambiente—Profepa) to resolve the administrative procedures referred to in the submission within established time periods, Mexico's response brought certain information before the Secretariat that irrefutably contested one of the principal assertions of the submission. At Mexico's request, the Secretariat is required to keep that information confidential. Based on this information, the CEC concluded that the submission does not warrant the development of a factual record and has notified the Submitter and the Council that the review process regarding the submission has been terminated.
The CEC was established under the North American Agreement on Environmental Cooperation (NAAEC) to address environmental issues in North America from a continental perspective, with a particular focus on those arising in the context of liberalized trade. The Council, the organization's governing body, is composed of the top environment officials of Canada, Mexico and the United States.
The citizen submissions mechanism of the CEC enables the public to play a whistleblower role on matters of environmental law enforcement. Under Article 14 of the NAAEC, any person or nongovernmental organization may tender a submission alleging that a NAFTA partner has failed to effectively enforce its environmental law. Following a review of the submission, the CEC Secretariat may investigate the matter and pursue a factual record of its findings.
For more information, please visit the CEC's Citizen Submissions on Enforcement Matters page. |
