Summary of the matter addressed in the submission:

The Submitters assert that Mexico is failing to effectively enforce its environmental laws with respect to a sludge treatment and disposal project being carried out by Consorcio de Arquitectura y Ecologia (Caresa) in the municipality of Cunduacán, Tabasco.

The Submitters assert that Caresa began to dump drilling sludge before environmental impact and hazardous waste management authorizations were issued. They further assert that the waste is being dumped just meters from local homes, thereby affecting residents’ health. The Submitters state that they filed a citizen complaint with the Office of the Federal Attorney for Environmental Protection (Procuraduria Federal de Protección al Ambiente), but assert that they have not been properly informed of the processing of their complaint and that in the meantime, Caresa continues to carry on its activities.

Summary of the response provided by the Party:

In its response, Mexico states that the Secretariat should not have admitted the submission because it does not meet all requirements under Article 14(1) of the North American Agreement on Environmental Cooperation (NAAEC). It further claims that it has applied the environmental laws in question by verifying the authorizations granted and the safety measures imposed on Caresa, beginning an administrative proceeding and assessing a fine on the company. In accordance with Article 14(3)(a) of the NAAEC, Mexico requests that the Secretariat proceed no further with the submission because-it asserts-the matter is subject to two administrative proceedings and one criminal proceeding pending resolution. It further requests that the information provided be kept confidential.

Names and citations of the environmental laws in question:

Ley General del Equilibrio Ecologico y la Proteccion al Ambiente (LGEEPA); Ley General para la Prevencion y Gestion Integral de los Residuos (LGPGIR); Reglamento de la LGEEPA en materia de Evaluacion de Impacto Ambiental (REIA); Norma Oficial Mexicana NOM-083-SEMARNAT-1996

Submitter(s):

Asociación Ecológica Santo Tomas, the Tabasco Human Rights Committee (Comité de Derechos Humanos de Tabasco) and the community of Los Aguilares

Submission Timeline

July 26, 2007

The Secretariat received a submission and began a preliminary analysis of it under the guidelines.

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 01/08/2007

Submission - Submission authored by Submitter(s) on 26/07/2007

September 12, 2007

The Secretariat notified the submitter(s) that the submission did not meet all of the Article 14(1) criteria and the submitter(s) had 30 days to provide the Secretariat with a revised submission that conforms with Article 14(1).

Determination - Secretariat Determination under Article 14 (1) authored by Secretariat on 12/09/2007

October 3, 2007

The Secretariat received a revised submission and began to analyze it.

Submission - Submission authored by Submitter(s) on 04/10/2007

Acknowledgement - Other document authored by Secretariat on 09/10/2007

December 13, 2007

The Secretariat determined that the submission met the criteria of Article 14(1) and requested a response from the concerned government Party in accordance with Article 14(2).

Determination - Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 13/12/2007

May 12, 2008

The Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record.

Other Documents - Additional information provided by Party under Article 21 (1)(b) authored by Mexico on 15/05/2008

Party Response - Response from the Party under Article 14 (3) authored by Secretariat on 12/05/2008

Acknowledgement - Other document authored by Secretariat on 14/05/2008

April 8, 2009

The Secretariat determined to proceed no further because the matter is the subject of a pending judicial or administrative proceeding.

Determination - Secretariat Determination under Article 14(3)(a) authored by Secretariat on 08/04/2009