Q.R. Mexico
In 2024, the Mexican Center for Environmental Law, AC (CEMDA) filed an injunction on behalf of the community of Playa del Carmen, Quintana Roo, against the omission of the authority to submit the San Mex project to public consultation.
The project involves the construction and operation of a specialized center for the reception, maintenance, and operation of vehicles dedicated to the collection and transport of wastewater from various commercial sectors, as well as a wastewater treatment plant. The complex includes administrative offices, employee areas, mechanical workshops, vehicle cleaning and storage areas, sludge and grease handling facilities, and infrastructure for the treatment and storage of treated water.
A public consultation on the project, conducted properly and in accordance with the guidelines of the Escazú Agreement, would have allowed the inhabitants of Playa del Carmen to learn about the risks in a timely manner, express their opinions, and propose prevention and mitigation measures.
The lawsuit states that SEMA failed to comply with the procedural requirements for managing the project consultation; on the contrary, it is a public, preventive procedure subject to mechanisms for access to information and citizen participation.
After the protection of the injunction was initially denied in the trial of first instance, the Court established that there was a legitimate interest on the part of the people of the community to challenge the authorization of said project and additionally that the state environmental authority was negligent in guaranteeing the right of citizen participation before resolving the Environmental Impact Assessment Procedure (PEIA).
Based on the applicable legal framework, the Court held that the Environmental Impact Assessment is not a closed process between the authority and the individual. This matter is relevant because the project aims to centralize the cleaning and maintenance of vehicles transporting commercial wastewater, incorporating a treatment plant; however, the central problem lies in the project's environmental and climate impact, as it entails serious risks in the management of sewage, grease, and sludge in ecologically fragile areas. Furthermore, mismanagement could lead to the contamination of underground aquifers (cenotes) and the uncontrolled emission of greenhouse gases (such as methane) resulting from the decomposition of waste in vulnerable ecosystems.
On June 14, 2026, the First Collegiate Circuit Court of the Auxiliary Center of the First Region, residing in Mexico City, granted the injunction against the omission of the Ministry of Ecology and Environment (SEMA) in opening the public consultation of the San Mex project and determined that said omission affected the validity of the Environmental Impact Assessment Procedure (PEIA).
Consequently, the Federal Court granted judicial protection to the local community in the state of Quintana Roo due to the local authority's failure to guarantee public participation within a PEIA.
The decision reiterates that public participation in environmental matters is a substantive guarantee and not a discretionary concession by the authorities. The ruling also strengthens the standard of legality in environmental impact assessment procedures under regional jurisdiction. If an authority fails to initiate or process a public consultation when it has been legally requested, the procedure cannot be considered valid simply because the authority has already issued an authorization. The correct legal consequence is to restart the procedure from the stage at which the right to participation is violated. The effects of the ruling compel the authority to nullify the resolution of the Environmental Impact Assessment Plan (PEIA) for the San Mex project and to carry out the corresponding public consultation procedure.
The ruling also requires the governor of the state of Quintana Roo to order compliance with the injunction in accordance with the terms established by the Amparo Law itself, and warns that, in case of non-compliance, a fine may be imposed and the case file referred to the Collegiate Court for continuation of the proceedings for non-compliance with the judgment, a procedure that may culminate in the removal from office and prosecution of the responsible authorities. It also specifies that late or unjustified compliance does not exempt the authorities from liability and that any delay based on evasive tactics or illegal procedures will be considered non-compliance. This ruling strengthens the environmental aspect of the rule of law in Quintana Roo and confirms that public participation must be guaranteed before authorizing projects that may affect the environment.
The ruling in this case marks a turning point for the state environmental authority to abandon restrictive practices and ensure open, transparent, and participatory procedures.
CEMDA achieved a significant victory for environmental protection in the state of Quintana Roo, securing a judicial ruling that public consultation on projects planned for the state is not a mere formality that can be remedied late, but a fundamental tool for citizens to become informed and actively participate.
It is important to mention and insist that SEMA and the government of the state of Quintana Roo fully comply with the resolutions of the judicial authority, guarantee the orderly public consultation and move towards an environmental policy consistent with the rights of access, the Mexican Constitution and the Escazú Agreement.
The decision represents a significant step forward in defending the human right to a healthy environment, access to environmental information, and citizen participation in relation to regional authorities, especially in a context where the opening of public consultations on Environmental Impact Assessment (EIA) has been repeatedly demanded by organizations, communities, and citizens due to the opacity that prevails in environmental decision-making.
The ruling states that the Environmental Impact Assessment (EIA) has a preventive purpose, as its objective is to identify, assess, and avoid or reduce the negative impacts of projects and activities before they occur. To fulfill this purpose, the public must have prior, timely, and complete access to environmental information. The decision sets an important precedent, beyond the case itself, as it confirms that public participation in environmental matters is a substantive guarantee and not a discretionary concession by the authorities.
The resolution also strengthens the standard of legality in state environmental impact assessment procedures. If an authority fails to initiate or process a public consultation when it has been legally requested, the procedure cannot be considered valid simply because the authority has already issued an authorization. The correct legal consequence is to restart the procedure from the stage at which the right to participate was violated.
The judicial authority expressly required the head of the State Secretariat of Ecology and Environment (SEMA) to, within the granted period, invalidate the PEIA, and carry out the corresponding procedure for the request for public consultation regarding the project.
The decision represents a significant step forward in defending the human right to a healthy environment, access to environmental information, and citizen participation in Quintana Roo, especially in a context where the opening of public consultations on Environmental Impact Assessment (EIA) has been repeatedly demanded by organizations, communities, and citizens.
- Mexican Center for Environmental Law, AC (CEMDA)
Secretariat of Ecology and Environment of the State of Quintana Roo (SEMA)
Quintana Roo boasts vast biodiversity (rainforests, mangroves, and reefs) and faces critical environmental challenges such as deforestation and the protection of its groundwater. Playa del Carmen, located on the Mexican Caribbean coast, flanked by Cancún to the north and Tulum to the south, is the main gateway to Cozumel Island. Considered the heart of the Riviera Maya, its rapid population growth has profoundly transformed its territory and ecosystems.
Its soil is composed of limestone and an underground karst system, meaning that water does not flow in surface rivers, but rather through cenotes and underground rivers. The surrounding area is dominated by medium and low semi-evergreen forest (with species such as mahogany and cedar), as well as mangroves along the coast and wetlands.
Due to its environmental vulnerability, the city's development depends on the link between territorial and ecological planning instruments, such as the Ecological Planning Program and the Urban Development Program, which seek to regulate growth and protect local biodiversity.
The deterioration of underground hydrology and the loss of coastal ecosystems (such as the mangrove area near the city) generate tensions between real estate development and conservation.
International agreements/treaties
- Escazú Agreement
National laws
- Political Constitution of the United Mexican States
- Law of Protection
Beginning
- Principle of participation and access to information