MEXICO Law and Practice Contributed by: Federico Ruanova Guinea and Isabella Guzman, Baker McKenzie
is administered by MéxiCO₂, a company created by the Mexican stock market. This company also has a market specific for the renewable energy sector. President Sheinbaum has made it clear that fighting climate change will be a priority for the government and this may mean, among other things, establishing a mandatory GHG trading scheme. This has yet to occur. According to Mexico’s REDD+ 2017–2030 Strategy published by the federal government, as well as a Bill of Law that intends to amend the Forestry Law – which has yet to be discussed by Congress – rights over carbon credits should be bestowed exclusively on the government and not on the owners of the land where the credits are generated. This has created some con- troversy within indigenous communities and farming towns. It is likely that this claim by the government will be challenged in the courts. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs Asbestos Asbestos fibres are considered hazardous waste once they are free from the areas or places where asbes- tos is affixed, present or found and must be handled, contained, transported and disposed of in compli- ance with federal regulations. There are no asbestos abatement regulations in Mexico. Occupational health and safety laws require workers who are exposed to asbestos fibres to wear protective equipment and to undergo medical examinations if exposed to certain quantities. There is one Mexican Official Standard that regulates the sanitary requirements for the processing and use of asbestos: NOM-125-SSA1-2016. It is important to add that, since 2011, the government of Mexico City has promoted preventative actions to reduce diseases caused by the use of asbestos. There are no specific asbestos removal requirements in Mexico except when it becomes a hazardous waste, or in an
emergency situation where the levels of asbestos are surpassed in specific areas. Asbestos litigation cases are not common in Mexico. However, under Mexican employment laws, employ- ees may terminate a labour agreement if an employer fails to provide a safe and hygienic working environ- ment or fails to comply with applicable Mexican occu- pational health and safety regulations and standards. PCBs In the case of PCBs, Mexican Official Standard NOM- 133-SEMARNAT-2015 contains handling specifica- tions for fluids or any electrical equipment containing PCBs. The standard also establishes threshold limits to determine whether equipment requires special han- dling or should have special disposal requirements due to the presence of PCBs, as well as action limits in the case of soil that may contain PCBs. For example, if electrical equipment contains PCBs in concentrations below the 50 ppm threshold (or 100 µg/100 cm²), the equipment will not be considered contaminated by PCBs. 15. Waste 15.1 Key Laws and Regulatory Controls The Waste Law and its regulations establish the basic legal framework regarding the generation, handling, management, containment, transportation and dis- posal of hazardous and non-hazardous waste. There are also a number of standards containing criteria to determine if a waste may be hazardous, as well as on containment and disposal requirements for specific types of waste. States have also enacted laws establishing handling, transportation and disposal requirements for non- hazardous and “special” waste. 15.2 Retention of Environmental Liability A producer or consignor of waste retains liability for waste only if it has hired disposal services from a party that lacks the required licences to store, transport and dispose of waste, or if it has sent waste to a location lacking a licence to receive it. Also, and as mentioned in 12.4 Proceedings Against Polluters , consenting
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