| Montreal, 20/05/2008 – On 12 May 2008, the Secretariat of the Commission for Environmental Cooperation (CEC) received Mexico’s response to submission SEM-07-005 (Drilling waste in Cunduacán), submitted to the Secretariat on 26 July 2007, by the Tabasco Human Rights Committee (Comité de Derechos Humanos de Tabasco) and the Santo Tomas Ecological Association (Asociación Ecológica Santo Tomás) (the “Submitters”).
The Submitters assert that Mexico is failing to effectively enforce its environmental law with respect to a drilling waste treatment and disposal project in Cunduacán, Tabasco, by the company Consorcio de Arquitectura y Ecología (Caresa). They state that Caresa began its project without authorization and without adopting pollution prevention measures, and that it provided false information to ultimately obtain the required environmental impact authorization.
On 13 December 2007, the Secretariat requested a response from Mexico concerning the allegedly false information provided in the environmental impact statement (EIS), the undertaking of activities without a prior environmental impact authorization, and the application of urgent measures to ensure site cleanup for the project in question.
In its response, Mexico states that the Secretariat should not have admitted the submission because it does not meet all requirements under Article 14(1) of the North American Agreement on Environmental Cooperation (NAAEC). It further claims that it has applied the environmental laws in question by verifying the authorizations granted and the safety measures imposed on Caresa, beginning an administrative proceeding and assessing a fine on the company. In accordance with Article 14(3)(a) of the NAAEC, Mexico requests that the Secretariat proceed no further with the submission because—it asserts—the matter is subject to two administrative proceedings and one criminal proceeding pending resolution. It further requests that the information provided be kept confidential.
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 file a submission with the Secretariat alleging that a NAFTA partner is failing to effectively enforce its environmental law.
The Secretariat of the CEC will now analyze the submission in light of Mexico’s response. It will then notify the Council as to whether or not the submission warrants the preparation of a factual record pursuant to NAAEC Article 15(1).
For more information, please visit the CEC's Citizen Submissions on Enforcement Matters page.
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