Tampico Mexico
Two Mexican citizens filed a lawsuit seeking amparo (a constitutional remedy) against the removal, filling, and fragmentation of the mangrove forest located in Laguna del Carpintero in Tamaulipas. This action stemmed from the illegal construction—which lacked the required environmental impact authorization—of the Laguna del Carpintero Ecological Theme Park. The plaintiffs argued that the damage and disruption to the mangrove's environmental services violated their rights to a healthy environment, a dignified life, sustainable development, health, safety, and personal and community integrity.
The case was referred to a District Court in the State of Tamaulipas, which dismissed the case, arguing that the plaintiffs lacked standing to file for amparo (constitutional protection). This ruling was appealed by the plaintiffs through a review process, which was taken up and heard by the First Chamber of the Supreme Court of Justice of the Nation.
In its ruling, the Court modified the appealed decision for one of the plaintiffs, as in her case, legitimate interest was demonstrated by her proof of being a resident of the city of Tampico, Tamaulipas, and a beneficiary of the environmental services provided by the Laguna del Carpintero ecosystem. Regarding the other plaintiff, the Court upheld the dismissal.
Furthermore, it determined that the Laguna del Carpintero Ecological Theme Park project did not have environmental impact authorization and that, therefore, "the responsible authorities violated the principle of legality provided for in articles 14 and 16 of the Constitution, since they carried out the acts that were imputed to them in contravention of public order regulations in environmental matters, in addition, they violated article 4 of the Constitution to the detriment of the complainant by putting the ecosystem in question at risk."
As reparation, the Court ordered the responsible authorities—in addition to refraining from executing the illegal project—to carry out the recovery of the ecosystem and its environmental services, for which it required: the National Commission for the Knowledge and Use of Biodiversity (CONABIO) to issue a Recovery and Conservation Project for the mangrove area located in the Laguna del Carpintero (baseline study for the restoration of the mangrove and its ecosystem services); the National Forestry Commission (CONAFOR) to assist in its implementation; the Ministry of Environment and Natural Resources (SEMARNAT) to determine (i) a work program for its implementation by the responsible municipal and federal authorities according to their competence and by the construction company of the illegal project as the responsible party and, (ii) an action schedule with short, medium and long term objectives; as well as the Federal Attorney for Environmental Protection to monitor its compliance.
Implementation
For future cases, the ruling established eight isolated theses with novel interpretative criteria relating to legitimate interest in environmental matters; the nature, dimensions and essential core of the right to a healthy environment; the role that judges who hear cases involving it must play and the tools they have to resolve them as guidelines towards improving access to environmental justice; and, to the reinterpretation of the principle of relativity of amparo judgments so that it does not constitute an obstacle to the effective protection of the right to the environment.
Taking into consideration the expert reports presented during the main trial, the Court concluded that the wetland located in Laguna del Carpintero is a regionally influential area that provides various environmental services that directly benefit all the inhabitants of the city of Tampico, but also impact humanity in general because of its global influence. Among the services provided by this ecosystem, as cited by the Court, is the mitigation of the effects of climate change through the capture and storage of carbon dioxide.
- Mexican citizens.
- Municipal President of the Tampico City Council.
- Secretary of Urban Development of the Tampico City Council.
- Secretary of Public Works of the Tampico City Council.
- Head of the delegation in Tamaulipas of the Ministry of Environment and Natural Resources.
- Head of the Tamaulipas delegation of the Federal Attorney for Environmental Protection.
The land where the Laguna del Carpintero Ecological Theme Park was intended to be built is adjacent to the Laguna del Carpintero wetland area that connects with the Pánuco River and the sea, and in which there are species of red mangrove (Rhizopora mangle), black mangrove (Avicennia Germinans) and white mangrove (Laguncularia Racemosa) which are subject to special protection.
Thus, the project is located in a wetland area within the GM51 priority mangrove site, Pueblo Viejo-El Chairel. There are 160 communities near the wetland, whose economic activities include fishing, aquaculture, agriculture, and livestock farming.
Standards
- Political Constitution of the United Mexican States, articles 1, 4 fifth paragraph, 14 and 16.
- Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (San Salvador Protocol), Article 11.
- Rio Declaration on Environment and Development
- Convention on Wetlands (Ramsar).
- Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean.
- Advisory Opinion 23/17 on the Environment and Human Rights of the Inter-American Court of Human Rights.
- General Law of Ecological Balance and Environmental Protection.
- General Wildlife Law.
- Federal Law on Environmental Liability.
- Official Mexican Standard NOM-022-SEMARNAT-2003, which establishes the specifications for the preservation, conservation, sustainable use and restoration of coastal wetlands in mangrove areas.
- Mexican Official Standard NOM-059-SEMARNAT-2010, which determines that the species of red mangrove, black mangrove and red mangrove are threatened species.
Beginning
- Precautionary principle.
- Principle in dubio pro natura.
- Principle of citizen participation.
- Principle of non-regression.