Commission for Environmental Cooperation

Summary of the matter addressed in the submission:

The Submitter asserts that Mexico is failing to effectively enforce its environmental law applicable to hydraulic fracturing in the municipality of Los Ramones in the State of Nuevo Leon, Mexico.

Summary of the response provided by the Party:

In its response, Mexico states that the Submitters do not include information on the location, source, collection procedure, and chain of custody of the water-quality analysis sample raised in the submission, nor how the water sample is associated with the drilling activities of the Tangram I and Nerita I wells located in La China and Los Ramones, Nuevo León. Mexico maintains that there is no evidence of a causal link between the activities that were conducted and any activities or omissions by Petróleos Mexicanos (Pemex). Mexico indicates that when the response was issued there was a citizen complaint (denuncia popular) pending to be resolved before the Environmental Safety Agency of the Hydrocarbons Sector (ASEA). Mexico considers that the submission does not meet NAAEC Articles 14 (1), (c), (e), and 14 (2) (a) and 5.3 of the Guidelines. Mexico states that the remedies available to the Submitter have not been exhausted, particularly with respect to the Federal Environmental Liability Law. Mexico also bears in mind that the wells have not been assigned for operation and that the submission does not provide information on any violation by Pemex with respect to their operations, nor is there any assignment of any concession for the use of national waters. Likewise, Mexico emphasizes that wastewater discharges do not exist since the wells are not in operation, and that the guidelines that regulate the prevention of soil and subsoil contamination were not disregarded, as they came into effect after the closure of the wells.

Names and citations of the environmental laws in question:

Environmmental Federal Act (Ley General del Equilibrio Ecológico y la Protection al Ambiente)

Federal Environmental Liability Act (Ley Federal de Responsabilidad Ambiental)

Rio Declaration

World Earth Summit (Johannesburgo, África)

Sustainable Development Goals

Submitter(s):

Name confidential pursuant to NAAEC Article 11(8)(a)