Ejido Río Playa vs. Government of Tabasco, Mexico, for the formulation and execution of a Protected Natural Area Management Program

Location

Tab. Mexico

Status
Resolved at the final stage
Start date
July 1, 2023
Date of judgment or latest existing decision
On March 5, 2025, the Court upheld the appealed judgment, reiterating that the process of developing the Management Program did not comply with the obligations to guarantee citizen participation and access to information.
Summary

The Río Playa Ejido filed a lawsuit to challenge the formulation, execution and publication of the Management Program for the Protected Natural Area of the Rio Playa Ecological Reserve, arguing that the participation of the guardians of the territory, who are fundamental to the preservation of nature, in this case, the ejido members, was not prioritized.

The lawsuit also denounces the difficulties faced by ejido members in continuing traditional agricultural activities, such as planting white crops, due to the need to dredge the land, an action they have been unable to carry out due to a lack of adequate support from the competent authorities.

The actions complained of include:

  • The formulation, execution and publication of the Management Program of the Protected Natural Area of the Río Playa Ecological Reserve, published in the Official Gazette of the State of Tabasco on August 23, 2023.
  • The participation of the Governor of the State of Tabasco in the formulation of the Management Program.
  • The discussion and approval of Decree 257 by which the Congress of the State of Tabasco issues the Environmental Protection Law of the State of Tabasco, published on December 22, 2012.

The lawsuit was admitted on September 19, 2023, requesting the responsible authorities to submit their justification report. In analyzing the case, the Third District Judge in the State of Tabasco determined, in her ruling of January 30, 2024, that the Management Program was unconstitutional, since the necessary measures to ensure the right to citizen participation and access to environmental information for the plaintiff ejido were not guaranteed.

Dissatisfied with this decision, the Ministry of Welfare, Sustainability and Climate Change filed an appeal, which was admitted on March 1, 2024. On March 5, 2025, the Collegiate Court for Administrative Matters of the Tenth Circuit confirmed the appealed sentence, reiterating that the process of preparing the Management Program did not comply with the obligations to guarantee adequate citizen participation and access to the necessary information.

The objective of this legal action is to ensure an inclusive and fair approach in the implementation of the program, which recognizes and supports local communities as key actors in the sustainable management of the territory, its natural resources and climate change.

Climate element

The mangrove ecosystem of the Río Playa Reserve not only provides general environmental benefits, but also fulfills essential functions for the protection of human rights in the face of climate change. The lawsuit emphasizes that:

  • Climate regulation: The ecosystem contributes directly to the regulation of temperature and rainfall in the region, thus protecting the ejido community from extreme events such as hurricanes, cyclones and floods, whose effects are exacerbated by climate change.
  • Ecosystem-based climate adaptation: Active mangrove conservation, including dredging and clearing to maintain access routes to conservation areas, is a climate change adaptation measure, as it allows for the maintenance of ecosystem services that reduce local vulnerabilities to extreme weather events.
  • Climate mitigation: By protecting mangroves, a high-capacity carbon sink is safeguarded, contributing to the mitigation of greenhouse gases. Their degradation would imply massive carbon emissions.

In this sense, the lawsuit raises the need to protect the environment not only in the abstract, but also proposes concrete measures for climate adaptation and mitigation, aligning itself with the "nature-based solutions" approach recognized in international climate action commitments.

Claimants
  • Ejido members of the Río Playa Ejido
Defendants
  • Secretariat of Welfare, Sustainability and Climate Change of the State of Tabasco
Supporting organizations
Our Future, A.C.
Territorial context

The Río Playa Ejido is located in an oil exploitation zone, which means that the formulation of the Management Program has significant implications regarding the interests at stake. The lawsuit argues that the management plans imposed by the authorities respond to pressure from interests related to the exploration and exploitation of fossil resources, thus contradicting the ejido members' efforts toward environmentally sustainable management.

The ejido's mangrove region is crucial for climate mitigation, as these ecosystems play a vital role in carbon sequestration and the protection of local biodiversity. The intervention of the Río Playa Ejido seeks to ensure that the ejido members, who are the guardians of this territory, have a voice in the management of their natural resources and that their conservation is prioritized over economic interests that promote dependence on fossil fuels.

Rules and principles invoked
  • Political Constitution of the United Mexican States
  • Environmental Protection Law of the State of Tabasco
  • Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean
  • Escazú Agreement

Beginning:

  • Principle of citizen participation
  • Principle of environmental conservation
  • Principle of progressivity and non-regression in environmental matters.
  • precautionary principle,
Instance
Judicial
Actor type
Indigenous peoples and traditional communities
Topic
Obligations of States
Citizen participation
Environmental protection
Violation of human rights
Defendant type
State
Municipality / local government
Interim measures
Granted
Grounds for claim
Paris Agreement and climate commitments
Rights of consultation and participation
National legislation
Implementation status
En proceso de implementación