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Submission

Hydraulic Fracturing in Nuevo Leon

Submission ID: SEM-18-003
Party concerned: Mexico
Date filed: October 3, 2018
Submission Status: Open

Latest Update: September 30, 2020

The Secretariat informed Council that the Secretariat considers that the submission warrants development of a factual record.

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)

Submission Timeline

October 3, 2018

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

Submission - Submission authored by Submitter(s) on 03/10/2018

Annex - Other document authored by Submitter(s) on 03/10/2018

Annex - Other document authored by Submitter(s) on 03/10/2018

Annex - Other document authored by Submitter(s) on 03/10/2018

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 03/10/2018

November 15, 2018

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 15/11/2018

February 21, 2019

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

Submission - Submission authored by Submitter(s) on 21/02/2019

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 22/02/2019

Annex - Other document authored by Submitter(s) on 21/02/2019

Annex - Other document authored by Submitter(s) on 21/02/2019

Annex - Other document authored by Submitter(s) on 21/02/2019

Annex - Other document authored by Submitter(s) on 21/02/2019

May 8, 2019

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 08/05/2019

April 8, 2020

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

Party Response - Response from the Party under Article 14 (3) authored by Mexico on 08/04/2020

Acknowledgement - Other document authored by Secretariat on 08/04/2020

September 30, 2020

The Secretariat informed Council that the Secretariat considers that the submission warrants development of a factual record.

Recommendation - Secretariat Notification to Council under Article 15(1) authored by Secretariat on 30/09/2020