Environmental attorneys in Mexico

Mexican environmental law is grounded in Article 4 of the Constitution, which recognizes the right to a healthy environment, and is distributed among the Federation, states, and municipalities (concurrent powers). The framework law is the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecologico y la Proteccion al Ambiente, LGEEPA), complemented by special laws on waste, water, wildlife, climate change, and forestry development. The key authorities are SEMARNAT (policy and authorizations), PROFEPA (inspection and sanction), and bodies such as CONAGUA and the ASEA for the hydrocarbons sector.

A central axis is the environmental impact assessment: anyone intending to carry out regulated works or activities, such as real-estate developments, industries, infrastructure, or changes in forest land use, must submit an Environmental Impact Statement (Manifestacion de Impacto Ambiental, MIA) and obtain authorization from SEMARNAT before beginning. Air-emissions licenses, registration as a hazardous-waste generator, water concessions, and risk studies may also be required.

PROFEPA carries out inspection visits and may order safety measures such as temporary or total closure, the seizure of goods, and the suspension of activities, in addition to imposing fines worth millions and ordering repair of the harm. Against these acts there is the administrative appeal for review, the annulment trial before the Federal Court of Administrative Justice, and amparo, as well as environmental liability regulated by the Federal Environmental Liability Law, which allows the repair or compensation of ecological harm to be demanded.

The environmental lawyer advises both companies seeking to comply with the regulations and obtain permits, and communities, neighbors, and NGOs defending their surroundings through citizen complaints (denuncias populares) before PROFEPA or environmental liability suits.

Governing laws environmental law

• Constitución Política (artículos 4º y 27)
• Ley General del Equilibrio Ecológico y la Protección al Ambiente (LGEEPA)
• Ley General para la Prevención y Gestión Integral de los Residuos
• Ley General de Vida Silvestre
• Ley General de Cambio Climático
• Ley General de Desarrollo Forestal Sustentable
• Ley de Aguas Nacionales
• Ley Federal de Responsabilidad Ambiental
• Normas Oficiales Mexicanas (NOM) en materia ambiental

Process and timelines

For a project, the MIA (or preventive report) is prepared and submitted to SEMARNAT, which resolves within approximately 60 business days and may condition the authorization. In sanctioning matters, PROFEPA notifies an inspection visit, draws up a record, grants a 15-business-day period to argue and offer evidence, and issues a resolution. Against it lies the appeal for review (15 days) or the annulment trial before the TFJA (30 days), and where applicable amparo. The environmental citizen complaint is free and may be filed by anyone.

Documents usually required

• Environmental Impact Statement or preventive report for the project
• Title deeds or possession and land-use documents for the site
• PROFEPA inspection record and summons letter
• Prior authorizations, licenses, and concessions (water, emissions, waste)
• Technical studies, sampling, and expert opinions
• Registration as a hazardous-waste generator, if applicable
• Proof of compliance with NOM and management programs

How much does it cost?

Fees are agreed for preventive advice (obtaining permits) or for contentious defense; annulment suits and complex MIAs require environmental experts whose cost is added. PROFEPA fines can reach tens of thousands of times the UMA (Unidad de Medida y Actualizacion, the reference unit for fines) and order repair of the harm. Be careful: do not operate without the environmental impact authorization trusting that 'it will be regularized later,' because closure and sanctions usually cost far more than the prior procedure.

When do you need this lawyer?

You need an environmental lawyer if you are going to develop a project that requires an MIA or a change of land use, if PROFEPA inspected, closed, or fined you, if you must process water, emissions, or hazardous-waste permits, or if you are accused of environmental harm. Also if you are a neighbor, ejido, or association affected by a polluting work and want to file a citizen complaint or an environmental liability suit to demand that the harm to the ecosystem be repaired.

Red flags when hiring

• Starting a work or activity without SEMARNAT's environmental impact authorization
• Discharging wastewater or disposing of hazardous waste without registration or permit
• A 'facilitator' promises express environmental permits without technical studies
• Ignoring PROFEPA's inspection record and letting the 15-day period lapse
• Hiding or altering sampling and expert opinions before the authority
• Buying a plot in a forest or conservation zone without checking restrictions