Ver. Mexico
In 2016, two citizens of the State of Veracruz filed an injunction against the Ministry of Environment and Natural Resources (SEMARNAT) for the authorization of the expansion works of the Port of Veracruz Project, alleging the violation of the right to a healthy environment due to the impact on the protected natural area: Veracruz Reef System National Park (PNSAV) and other reefs in the area not officially identified .
The case was referred to the Fifth District Court (court of first instance), which dismissed the injunction, arguing that the plaintiffs lacked standing . Specifically , the judge determined that standing was not justified, even provisionally, because the plaintiffs did not attribute to said acts a real, current, and objectively appreciable harm to their legal sphere that could be remedied through a protective ruling. Furthermore, no relevant, special, or distinct information was found to indicate that they held a special position with respect to the environmental services of the marine and reef ecosystem being protected.
The plaintiffs filed an appeal against the first instance ruling, which was resolved by the Supreme Court of Justice of the Nation (SCJN), given that they requested that the highest court take up the case .
Subsequently, on February 9, 2022, the First Chamber of the SCJN determined that the legitimate interest in environmental matters is updated , since the link between the one who claims to be the holder of the environmental right and the environmental services provided by the allegedly violated ecosystem was demonstrated, since the plaintiffs proved to be residents of municipalities adjacent to the PNS AV and the marine ecosystems that are found there, so they use the “ adjacent environment ” of said ecosystems , understanding this as their area of influence based on the environmental services it provides .
Likewise, unanimously in that same ruling, the ministers of the First Chamber of the SCJN resolved to grant the injunction, as they determined that the SEMARNAT authorities violated the human right to a healthy environment, by authorizing in a fragmented manner the environmental impacts of the expansion works of the Port of Veracruz, which implied that the viability of the entire expansion was not evaluated correctly, holistically and completely, to the detriment of the principles of prevention and precaution .
Consequently, it was ordered that the environmental impact authorizations for such expansion be rendered invalid, and that another be issued in which the content and obligations imposed by the right to enjoy a healthy environment are taken into account; and that the project relating to the expansion of the Port of Veracruz be examined in a comprehensive manner, considering all the reefs and wetlands that are in the area of influence of said project.
In that regard, the environmental authorities were obliged to manage, in an illustrative but not exhaustive manner, the following activities: i) prepare a work program for the mitigation and/or restoration of the area ; ii) provide institutional support for the development and implementation of said program and iii) request the National Council of Protected Natural Areas to issue an opinion on the work program in question, and iv) within the framework of an institutional dialogue , request the National Wetlands Committee to request the International Wetlands Committee to designate a group of experts to evaluate the site and thus define the scheme for its protection through a work program .
Implementation
As part of the execution of the sentence issued in the case, between March 31 and April 12, 2022, the Ministry of Environment and Natural Resources (SEMARNAT) rendered the environmental impact authorizations linked to the expansion of the Port invalid and began to establish a method for the Identification of cumulative, synergistic and residual impacts .
On December 31, 2022, SEMARNAT again authorized the expansion of the port of Veracruz, without taking into account the criteria established in the SCJN ruling.
In April 2023, the civil society organizations supporting the case called on the District Judge to consider the Supreme Court of Justice of the Nation (SCJN) ruling unfulfilled and to prevent the execution of the Environmental Impact Authorizations granted by SEMARNAT to expand the Port of Veracruz without first reviewing their constitutionality.
The Supreme Court's ruling represented a substantial step forward for the protection of Veracruz's coral reefs and wetlands—which are important carbon sinks—as it set a precedent on how the Environmental Impact Assessment Procedure (EIA) should be carried out.
The First Chamber of the SCJN referred to the importance of wetlands and coral reefs in climate regulation , and therefore pointed out that the protection of wetlands is a national and international priority for the climate.
The Court indicated that , under the Paris Agreement, it is necessary to “ increase the capacity to adapt to the adverse effects of climate change and promote climate resilience ” and that adaptation efforts must take into consideration, among other things, “ vulnerable ecosystems and that this work must be based on and inspired by the best available scientific information and , where appropriate, by traditional knowledge, indigenous peoples’ knowledge and local knowledge systems, with a view to integrating adaptation into relevant socio-economic and environmental policies and measures, where appropriate .”
- Citizens of the State of Veracruz
- Head of the General Directorate of Environmental Impact and Risk (DGIRA) of the Ministry of Environment and Natural Resources
- Head of the Federal Delegation in the State of Veracruz of the Ministry of Environment and Natural Resources.
The Veracruz Reef System is located off the coast of the municipalities of Veracruz, Boca del Río, and Alvarado. It comprises 28 reef formations, keys, and islands and represents the largest reef system in the central Gulf of Mexico region , home to diverse coral species such as elkhorn ( Acropora palmata ) and horn of deer ( Acropora cervicornis) , both critically endangered , according to the International Union for Conservation of Nature.
The site is also a “ Biosphere Reserve ” declared by UNESCO; it is also a Ramsar site of wetlands of international priority importance under the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention) and an important site for several species of sea turtles such as the green (Chelonia mydas) , the Kemp's ridley (Lepidochelys kempii) , the loggerhead (Caretta caretta), the hawksbill (Eretmochelys imbricata) and the leatherback (Dermochelys coriacea) , all of which are endangered .
In addition to its high ecological value, from a social point of view it is of great relevance for carrying out fishing activities, recreational diving and beach tourism.
Standards
- Political Constitution of the United Mexican States
- Paris Agreement
- International Covenant on Economic, Social and Cultural Rights
- Precedents and jurisprudence of the Inter-American Court of Human Rights
- American Convention on Human Rights
- Rio Declaration on Environment and Development
- Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights.
- Convention on Biological Diversity (CBD)
- Convention on Wetlands of International Importance especially as Waterfowl Habitat
Beginning
- Caution
- Prevention
- Sustainability
- Transversality
- Progressivity and non-regression
- Pro natura
- Pro water
- Citizen participation and public initiative