CEC Council instructs the Secretariat to develop a factual record for a submission on environmental pollution in Hermosillo

Montreal, 22 June 2012—The Council of the Commission for Environmental Cooperation (CEC) announced today that it has voted in favor of instructing the CEC Secretariat to prepare a factual record for citizen submission SEM-05-003 (Environmental Pollution in Hermosillo II).

The submission, filed with the CEC Secretariat on 30 August 2005, by Academia Sonorense de Derechos Humanos, A.C. and Mr. Domingo Gutiérrez Mendívil (the “Submitters”), asserts that Mexico is failing to enforce its environmental law with regard to air pollution in the city of Hermosillo, in the State of Sonora. The Submitters allege, among other things, that the Municipality of Hermosillo and the State of Sonora have failed to implement environmental programs required by law, such as programs for ambient air quality monitoring and mandatory vehicle inspection.

On 16 February 2006, Mexico filed a response to the submission in which it maintains that its actions reflect a reasonable exercise of discretion in regulatory matters, and that such actions resulted from a bona fide decision to allocate resources to other, higher priority means of controlling pollution from suspended particles. On 4 April 2007, the Secretariat notified the Council that it considers that the submission, in light of the response, warrants preparation of a factual record.

On 15 June 2012, the Council, by means of Resolution 12-04, unanimously decided to instruct the Secretariat to develop a factual record in accordance with NAAEC Article 15(2). The Secretariat is currently drafting its overall work plan for development of the factual record.

For more information, please visit the CEC’s Citizen Submissions on Enforcement Mattersweb page and the registry of submission SEM-05-003 (Environmental Pollution in Hermosillo II).