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Submission

Metrobús Reforma

Submission ID: SEM-18-002
Party concerned: Mexico
Date filed: February 2, 2018
Submission Status: Open

Latest Update: July 26, 2022

The Secretariat submitted a draft factual record to Council, for a 45-day comment period on the accuracy of the draft.

Summary of the matter addressed in the submission:

The Submitters assert that Mexican federal authorities, the government of Mexico City (CDMX), and three of its boroughs are failing to effectively enforce environmental laws with respect to the construction of Line 7 of the bus rapid transit system (“Metrobús”).

In SEM-18-002 (Metrobús Reforma), the Submitters maintain that the granting of permits for the construction of Metrobús Line 7 has been “illegal and opaque” because the project sponsor, the CDMX Government, is supposed to respect environmental law “by ensuring adequate planning, communication, participation, and compliance—which unfortunately has not happened.” According to the Submitters, the project was initiated in 2015 with modifications to the decree establishing the Chapultepec Forest protected area, which has an important historical, environmental, and landscape value for CDMX. The Submitters base their submission on several international, federal, and state laws and cite provisions which they allege are not being effectively enforced by Mexican federal and state authorities.

Summary of the response provided by the Party:

Mexico states that the land use is considered as “urban” and not for conservation or environmental restoration purposes. There are no specific provisions in terms of conservation, restoration, protection, or sustainable use, and it does not affect the scope of the Metrobus Reforma project. As to the assertions regarding the Mobility Law, Mexico states that these provisions are not environmental law. With respect to assertions on public participation in the environmental impact assessment process, Mexico reports that the Metrobus Reforma project met all provisions on public participation and consultation in Mexico City. Regarding the impact on urban vegetation, the response includes information on actions taken to replace or compensate for affected trees. Mexico maintains that the affected trees are outside the area of environmental value (área de valor ambiental) of the Chapultepec Park in Mexico City. Mexico states that removal of trees was less than the number of authorized specimens. Mexico reports on actions taken by the Procuraduría de Medio Ambiente y Ordenamiento Territorial (Attorney General for the Environment and Territory, PAOT) related to the area of the alleged impact of the Metrobus Reforma project. Regarding the waste generation during construction, Mexico discusses that preparation works will only generate “special handling” and not hazardous waste. On air quality, Mexico indicates that the project is complying with applicable regulations and standards in Mexico City and that actions are being taken to include the development of the project as a mitigation measure under the United Nations Framework Convention on Climate Change. Finally, Mexico informs that one of the Submitters filed an “Amparo” lawsuit before the courts and that the plaintiff and the subject matter of the submission are the same, and that, therefore, the submission should be terminated under NAAEC Articles 45(3)(a) and 14(3)(a) due to a pending proceeding.

Submitter(s):

Academia Mexicana de Derecho Ambiental and La Voz de Polanco

Submission Timeline

February 2, 2018

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

Submission - Submission authored by Submitter(s) on 02/02/2018

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 02/02/2018

February 2, 2018

Under guideline 3.10, the Secretariat requested the submitter(s) to correct minor errors of form.

February 2, 2018

The Submitters corrected the minor errors of form.

March 22, 2018

Under guideline 3.10, the Secretariat requested the submitter(s) to correct minor errors of form.

April 3, 2018

The Submitters corrected the minor errors of form.

May 1, 2018

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 01/05/2018

Annex - Other document authored by Secretariat on 01/05/2018

July 26, 2018

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 25/07/2018

Annex - Response from the Party under Article 14 (3) authored by Mexico on 25/07/2018

Annex - Response from the Party under Article 14 (3) authored by Mexico on 25/07/2018

Annex - Response from the Party under Article 14 (3) authored by Mexico on 25/07/2018

Annex - Response from the Party under Article 14 (3) authored by Mexico on 25/07/2018

Annex - Response from the Party under Article 14 (3) authored by Mexico on 25/07/2018

Acknowledgement - Other document authored by Secretariat on 26/07/2018

December 17, 2018

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 17/12/2018

December 18, 2020

The Council voted to instruct the Secretariat to develop a factual record.

Resolution - Council decision concerning the development of a Factual Record authored by Council on 18/12/2020

Other Documents - Council decision concerning the development of a Factual Record authored by Council on 18/12/2020

January 7, 2021

The Secretariat placed a work plan on its web site or otherwise made it available to the public and stakeholders.

Workplan - Overall workplan for Factual Record authored by Secretariat on 07/01/2021

January 13, 2021

The Secretariat posted a request for information relevant to the factual record on its web site.

Secretariat Information Request - Secretariat request for information for Factual Record authored by Secretariat on 13/01/2021

July 26, 2022

The Secretariat submitted a draft factual record to Council, for a 45-day comment period on the accuracy of the draft.