CEC - LOGO - 2013-14

COMMISSION FOR ENVIRONMENTAL COOPERATION

THREE COUNTRIES WORKING TOGETHER TO PROTECT OUR SHARED ENVIRONMENT


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Factual Records
The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to a citizen complaint he filed with the Office of the Federal Attorney General for Environmental Protection (Procuraduría Federal de Protección al Ambiente-Profepa) in 1995. The Submitter alleges that there are environmental irregularities in the operation of a footwear materials factory by ALCA, S.A. de C.V. (ALCA) in the Santa Isabel Industrial neighborhood of Iztapalapa Delegation in Mexico, D.F., where the Submitter lives. He asserts that his health and that of his family have been affected by the pollution generated by the factory. Final Factual Record
The Submission alleges that the United Mexican States is failing to effectively enforce its environmental laws with respect to the establishment and operation of [Granjas Aquanova S.A.] a shrimp farm located in Isla del Conde, Municipality of San Blas, Nayarit, Mexico. Final Factual Record
The Submitters allege that the Canadian Government is failing to enforce the Fisheries Act, and to utilize its powers pursuant to the National Energy Board Act, to ensure the protection of fish and fish habitat in British Columbia's rivers from ongoing and repeated environmental damage caused by hydro-electric dams. Final Factual Record
The Submitters allege that the Government of Canada "is in breach of its commitments under NAAEC to effectively enforce its environmental laws and to provide high levels of environmental protection." Final Factual Record
The submission alleges a systemic failure of Canada to enforce section 36(3) of the Fisheries Act to protect fish and fish habitat from the destructive environmental impacts of the mining industry in British Columbia. Final Factual Record
The Submitters alleged that the appropriate authorities failed to effectively enforce environmental laws during the evaluation process of the project "Construction and Operation of a Public Harbor Terminal for Tourist Cruises on the Island of Cozumel, State of Quitana Roo". Final Factual Record
The Submitters assert that Mexico is failing to effectively enforce a number of provisions and official standards of Mexican environmental law on air pollution prevention, monitoring, enforcement and control in the city of Hermosillo, Sonora. Final Factual Record
The Submitters assert that Mexico is failing to effectively enforce its environmental law with respect to the Lerma-Chapala-Santiago-Pacífico basin. According to the Submitters, this has resulted in serious environmental deterioration and uneven water distribution in the basin, as well as the risk that Lake Chapala and its migratory birds will eventually disappear. Final Factual Record
The Submitters allege that Mexico has failed to effectively enforce its environmental law in connection with an abandoned lead smelter in Tijuana, Baja California, Mexico, that poses serious threats to the health of the neighboring community, and to the environment. Final Factual Record
The Submitters allege that the United States Government is failing to effectively enforce Section 703 of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. par. 703-712, which prohibits the killing of migratory birds without a permit. Final Factual Record
The Submitters allege that Mexico has failed to effectively enforce the General Law of Ecological Equilibrium and Environmental Protection regarding the operation of the company Molymex, S.A. de C.V. Final Factual Record
The submission asserts that Canada is failing to effectively enforce the federal Fisheries Act against the City of Montreal in regard to the discharge to the St. Lawrence River of toxic pollutants from the city's Technoparc site, located in Pointe-Saint-Charles. The submitters assert that polychlorinated biphenyls (PCBs), polycylic aromatic hydrocarbons (PAHs) and other pollutants are being discharged from Technoparc, the site of an historic industrial and municipal waste landfill. The City of Montreal now owns the site. Final Factual Record
The Submitter alleges that Canada is failing to apply, comply with and enforce the habitat protection sections of the Fisheries Act and the CEAA (Canadian Environmental Assessment Act). Final Factual Record
The Submitters assert that Canada is failing to effectively enforce section 6(a) of the Migratory Bird Regulations (MBR) adopted under the Migratory Birds Convention Act, 1994 (MBCA) against the logging industry in Ontario. Final Factual Record
The Submitters allege that Canada is failing to effectively enforce Section 6(a) of the Migratory Bird Regulations (MBR) adopted under the Migratory Birds Convention Act, 1994, in regard to logging in four forest management units (FMUs) in Ontario. Section 6(a) of the MBR makes it an offence to disturb, destroy or take a nest or egg of a migratory bird without a permit. On 14 October, the CEC Secretariat requested a response to the submission from Canada. Final Factual Record
While noting that pollution from pulp mills has dropped since adoption of the PPER in 1992, the Submitters have documented over 2,400 documented violations of the PPER at mills in central and eastern Canada from 1995 to 2000 and claim very few were prosecuted. They claim that low numbers of prosecutions correlate with continuing high numbers of violations in Quebec and the Atlantic Provinces. Final Factual Record
The Submitter asserts that Canada, and more specifically the province of Quebec, is failing to effectively enforce articles 96.1 and 96.2 of Quebec's "Regulation respecting the Quality of the Atmosphere" (Règlement sur la qualitè de l'atmosphère-RQA) and articles 19.1, 20 and 51 of the Quebec Environment Quality Act (Loi sur la qualité de l'environnement-LQE) in connection with emissions of hydrocarbons, carbon monoxide and nitrogen oxides from post-1985 light vehicle models. Final Factual Record
The Submitters allege that wastewater originating in the municipalities of Imuris, Magdalena de Kino, and Santa Ana, located in the Mexican state of Sonora, is being discharged into the Magdalena River without prior treatment. Final Factual Record
The Submitters allege a failure by Mexico to effectively enforce its environmental law by denying access to environmental justice to Indigenous communities in the Sierra Tarahumara in the State of Chihuahua. Final Factual Record
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