MEXICO Law and Practice Contributed by: Federico Ruanova Guinea and Isabella Guzman, Baker McKenzie
• the Basel Convention on the Control of Trans- boundary Movements of Hazardous Wastes and their Disposal. The United States-Canada-Mexico Free-Trade Agree- ment (USMCA), although not an environmental agree- ment in the strict sense, also contains important provi- sions requiring the three parties to take all necessary actions to ensure that their domestic environmental laws are complied with and enforced. 3. Environmental Protections 3.1 Protection of Environmental Assets The General Law contains several provisions requir- ing the federal government to enact regulations and standards designed to protect environmental assets. The General Wildlife Law states that it is the duty of all inhabitants to preserve wildlife and that any act that implies its destruction or harm in detriment to the nation’s interest is prohibited. National goods such as water, soil, flora and fauna are protected by federal laws, such as the General Law, the National Water Law, the Water Law and the Gen- eral Sustainable Forestry Development Law. There are many regulations and standards that are designed to protect water resources as well as natural habitats and landscapes, such as the Regulations to the General Law in the area of Natural Protected Lands and stand- ards that list the natural species that have protected or endangered status. It is a federal crime to carry out any act or omission that harms, captures or kills an endangered or pro- tected species, as well as to undertake any act that causes harm to wildlife or fragile ecosystems. Further, causing environmental damage may generate liability and an obligation to restore any damage caused to affected ecosystems. 3.2 Breaching Protections Any individual or entity that causes environmental damage or breaches environmental laws may be subject to citations, fines, temporary partial or total shutdowns, the seizure of hazardous materials or of illegally obtained flora and fauna species, remedia-
tion or compensation obligations and, in some cases, prison terms.
4. Environmental Incidents and Permits 4.1 Investigative and Access Powers Environmental agencies have broad investigative powers. Agencies may carry out inspections on a regular basis intended to verify compliance with fed- eral or state environmental laws. There is no need for a complaint to be submitted for an inspection to be carried out. Nevertheless, any person that suspects that an activity is causing environmental harm may file a public complaint before federal or state agencies. These complaints may be in writing, by telephone or by electronic means and may be done anonymously. Regulators are required by law to conduct an investi- gation whenever a complaint is submitted, by carry- ing out inspections. Inspected parties are afforded the right to defend themselves and to offer exculpatory evidence. 4.2 Environmental Permits/Approvals A wide range of environmental permits and registra- tions must be secured prior to carrying out any activity that has adverse environmental effects. The following are the most important ones. • Prior to construction or start-up of any project that may cause environmental harm: (a) environmental impact authorisation; (b) civil protection certification; (c) risk assessment (if the activity represents a high risk due to the use of certain chemicals); (d) forestry land use change permit (if the activity is carried out outside urban areas); and (e) water concession in order to draw groundwa- ter. • During operation: (a) air emissions licence; (b) waste water discharge permit or registration; and (c) hazardous and non-hazardous waste generator registration. During an environmental impact permitting process, third parties are allowed the right to review and com-
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