Montreal, 15 November 2018—On 9 November, an organization in Mexico (the “Submitter”) filed a submission with the CEC Secretariat, asserting that Mexico is failing to effectively enforce environmental laws with respect to the Chileno Bay Club tourism development located in Cabo San Lucas, Baja California Sur.
In submission SEM-18-004 (Chileno Bay Club), the submitter maintains that the project developer went beyond the authorized scope of the environmental impact authorization by carrying out the modification of watercourses during the construction. The submitter asserts that despite having communicated the matter in writing to Mexican authorities and filing several public complaints (denuncias populares), construction activities continued and watercourses located in the Cabo San Lucas watershed were illegally modified.
The Secretariat has 30 days to review the submission and determine whether it meets the admissibility requirements in Article 14(1) of the North American Agreement on Environmental Cooperation.
For more information, please visit the CEC’s Submissions on Enforcement Matters webpage and the registry of Submission SEM-18-004 (Chileno Bay Club).
The CEC Submissions on Enforcement Matters process supports public participation, information-sharing between governments and the public, and transparency and openness in the effective enforcement of environmental law in North America. If you have reason to believe that an environmental law is not being effectively enforced by Canada, Mexico or the United States, the SEM process may address your concerns.
As of 1 July 2020, the CEC’s SEM process is governed by USMCA Articles 24.27 and 24.28 of the Environment Chapter of the free trade agreement between Canada, Mexico and the United States (CUSMA, T-MEC, USMCA).
Want to learn more about the SEM process? Please watch this two-minute video for an introduction: