| Montreal, 17/01/2006 – On 10 January 2006, the Secretariat of the Commission for Environmental Cooperation (CEC) of North America received Mexico's response to submission SEM-05-002 (Coronado Islands), filed with the Secretariat on 3 May 2005 by the Center for Biological Diversity, Greenpeace Mexico, Alfonso Aguirre and Shaye Wolf, the American Bird Conservancy, the Los Angeles Audubon Society, Pacific Environment and Resources Center, and Wildcoast (the Submitters).
The Submitters allege that Mexico is failing to effectively enforce its environmental law by allowing the construction of a liquefied natural gas regasification terminal off the coast of Baja California and adjacent to the Coronado Islands, which provide habitat for a breeding colony of Xantus's Murrelet and other species considered at risk.
In its response, Mexico asserts that the Submitters based their allegations on the environmental impact assessment prepared by the project proponent without taking into account the requirements, conditions, and mitigation measures imposed by Mexico in approving the project, and without acknowledging that compliance will need to be demonstrated through an environmental quality monitoring program and backed by a bond to be posted by the proponent, Chevron Texaco de México, S.A. de C.V. According to Mexico, the studies, programs, plans, and the restrictions imposed on the project proponent show that the environmental authority, in approving the project, thoroughly assessed each issue identified by the Submitters.
Mexico further asserts that consideration of the submission should proceed no further in view of the existence of pending proceedings, and requests that the Secretariat keep confidential the files related to those proceedings.
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 CEC 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 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.
The Secretariat is currently analyzing the submission in light of Mexico's response, to determine whether it will recommend the development of a factual record to the Council pursuant to Article 15(1) of the NAAEC.
For more information, please visit the CEC's Citizen Submissions on Enforcement Matters page. |
