SCJN orders Semarnat to issue a new environmental impact report for the expansion of the Port of Veracruz


The First Chamber of the Supreme Court of Justice of the Nation (SCJN) determined that the Ministry of Environment and Natural Resources (Semarnat) violated the human right to a healthy environment, by verifying in a fragmented manner the environmental impacts of the expansion works of the Port of Veracruz. The Court granted an amparo to two inhabitants of that place so that the federal authorities issue a new comprehensive environmental impact report.

The expansion of port of Veracruz It is the most ambitious port project in the entire country, expanding its area by 500 hectares in water and 450 on land.

This case had its origin in an indirect amparo promoted by two women who claimed before a judge various actions and omissions aimed at authorizing and carrying out the project to expand the port of Veracruz without having guaranteed, under the highest standard of protection, their human right to a healthy environment. The District Judge dismissed the trial on the grounds that the complainants did not have a legitimate interest.

Subsequently, those affected filed an appeal for review, which was appealed to by the First Chamber when it considered that the promoters did have a legitimate interest, because they proved that they were inhabitants of the cities that are within the area of ​​influence of the Veracruz Reef Systemwhich was impacted by the controversial expansion works.

In its resolution this Wednesday, the SCJN granted protection to those affected, because despite the fact that the contested works were related to the same project, they were analyzed in a fragmented manner by Semarnat authorities, which meant that they were not evaluated correctly the viability of the entire expansion, to the detriment of the principles of prevention and precaution that govern the right to a healthy environment recognized in article 4 of the Federal Constitution, as well as in various international instruments signed by Mexico.

For this reason, the ministers of the First Chamber ordered to leave the resolutions claimed unsubstantiated and issue others in which the content and the obligations imposed by the right to enjoy a healthy environment are taken into account, and the project is examined in an integral manner. regarding the extension of the port of Veracruzconsidering all the reefs and wetlands found in the area of ​​influence of said project.

In this way, the responsible authorities must decide on the environmental impacts (cumulative, synergistic and residual) and the feasibility of authorizing the continuation of the respective works, taking into account the Protected Natural Area with the character of a National Park “Veracruz Arrecifal System ” and the applicable national and conventional regulations.

The federal environmental authorities were indirectly obliged to prepare a work program for the mitigation or restoration of the area; institutionally contribute to the development and implementation of said program; request the National Council of Natural Protected Areas to issue an opinion on the work program in question, and within the framework of an institutional dialogue, request the National Wetlands Committee to require the International Wetlands Committee to appoint a group of experts to evaluate the site and thus define the scheme for its protection through a work program.

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