Environmental Law in Mexico
Introduction
Mexican environmental law is primarily governed by the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente, LGEEPA), enacted in 1988. The Secretariat of Environment and Natural Resources (SEMARNAT) is the principal federal agency responsible for environmental policy, enforcement, and regulation. The legal framework addresses environmental impact assessment, wildlife protection, climate change, and ecological conservation.
Constitutional Basis
Article 4 of the Constitution guarantees the right to a healthy environment, established by constitutional amendment in 1999. Article 27 grants the state authority to regulate the use of natural resources for the purpose of conservation. Article 25 establishes that economic development must be compatible with environmental protection. These constitutional provisions provide the foundation for environmental legislation and the state’s regulatory authority.
Environmental Impact Assessment
The LGEEPA requires environmental impact assessments (EIA, or manifestaciones de impacto ambiental) for projects, works, or activities that may cause ecological imbalance or exceed established limits. SEMARNAT reviews EIAs and may approve, conditionally approve, or deny project authorization. The EIA process includes public consultation and consideration of cumulative impacts. Certain projects in protected areas or affecting endangered species require prior approval from the National Commission of Natural Protected Areas (CONANP).
Climate Change Regulation
The General Law on Climate Change (Ley General de Cambio Climático, 2012) establishes a comprehensive framework for climate change mitigation and adaptation. The law creates the National System on Climate Change and the National Institute of Ecology and Climate Change (INECC). Mexico has committed to reducing greenhouse gas emissions by 35% by 2030 under its Nationally Determined Contributions (NDCs). The law mandates emissions reporting, clean energy targets, and climate risk assessments.
Wildlife and Natural Resources
The General Law of Wildlife (Ley General de Vida Silvestre) protects wild species and regulates their use, trade, and conservation. The law prohibits the hunting of endangered species and regulates commercial wildlife exploitation through permits and management programs. The National Water Law (Ley de Aguas Nacionales) governs water resources, establishing a concession system for water use and creating the National Water Commission (CONAGUA) as the regulatory authority.
Conclusion
Mexican environmental law has developed into a comprehensive regulatory system covering ecological balance, climate change, wildlife protection, and environmental impact assessment. The constitutional right to a healthy environment, combined with international commitments under the Paris Agreement and multilateral environmental treaties, provides the legal foundation for ongoing environmental protection efforts.