| Montreal, 15/07/2009 – Today, the Secretariat of the Commission for Environmental Cooperation (CEC) issued a Determination concluding that a Factual Record was not warranted for submission SEM-07-001 (Minera San Xavier). The Submission, filed with the Secretariat of the Commission for Environmental Cooperation (CEC) on 5 February 2007 by the Asociación Pro San Luis Ecológico (the “Submitter”), asserted that Mexico was failing to effectively enforce its environmental laws with respect to the authorization of an open-pit mining project (the “Project”) in the Municipality of Cerro de San Pedro, San Luis Potosí.
On 25 September 2007, Mexico filed a Response to the Submission notifying the Secretariat of the existence of pending proceedings initiated by the Submitter and addressing assertions made. The Secretariat considered that Mexico’s Response left no open questions warranting development of a Factual Record regarding, inter alia: assertions about listed species; the Project’s water usage; the environmental impact statement category; volume of explosives authorized; the zoning plan; soil impact; and, tailings pond location. Other factors motivating the Secretariat’s determination included: confidentiality of ongoing proceedings; lack of publicly available information; consideration of efficient use of resources; and the possibility of inadvertent duplication of efforts where ongoing legal proceedings exist.
The Secretariat makes all determinations in accordance with the provisions of the North American Agreement on Environmental Cooperation (NAAEC) and the Guidelines thereto, without opining on the merits or demerits of the assertions raised in a submission. The Secretariat is not a court or judicial body and does not issue rulings or decisions that are legally binding. Rather, the task of the Secretariat is to neutrally and efficiently administer the process provided for in NAAEC Articles 14 and 15.
Having determined that the development of a factual record is not warranted, the Secretariat notified the Submitters and the Council that the process regarding the Minera San Xavier submission (SEM-07-001) is terminated.
The Executive Director of the Secretariat, Mr. Felipe Adrián Vázquez-Gálvez, recused himself from all matters relating to this submission and did not take part in this determination.
For more information, please visit the registry of Submission SEM-07-001 (Minera San Xavier) and the CEC’s Citizen Submissions on Enforcement Matters webpage.
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