Summary of the matter addressed in the submission:

The Submission alleges “improper administrative processing, omission and persistent failure to effectively enforce the applicable environmental legislation…” on the part of the Secretaría de Medio Ambiente, Recursos Naturales y Pesca (the “SEMARNAP”; Secretariat of Environment, Natural Resources and Fisheries) and the Procuraduría Federal de Protección al Ambiente (the “PROFEPA”) of the United States of Mexico, in relation to a citizens’ complaint filed by the Submitter. The Submitter alleges procedural violations in the course of the various procedures described in the Submission relating to lumbering operations at the “El Taray” site in the state of Jalisco.

The Submission notes that further to the order of a “Technical Audit” to be carried out at the above-mentioned site, an “Inspection Visit” was performed, from which there arose penalties imposed on both the respondent named in the citizens’ complaint and the Submitter, who was found to be jointly responsible. The Submitter alleges that neither the technical audit nor the inspection visit constitute an adequate response to the citizens’ complaint filed.” Moreover, the Submitter notes that the authority failed to issue “the appropriate ruling regarding damages and losses that would have evidentiary value where presented at trial, as provided by section 194 of the Ley General del Equilibrio Ecológico y la Protección al Ambiente in force at the time said procedure was initiated.”

Names and citations of the environmental laws in question:

1. Articles 189 to 194 of the General Environmental Law (Ley General del Equilibrio Ecológico y la Protección al Ambiente)
2. Law on Administrative Procedure (Ley de Procedimiento Administrativo)
3. Forestry Law and Regulations (Ley Forestal y su Reglamento)

Submitter(s):

Hector Gregorio Ortíz Martínez

Submission Timeline

October 14, 1997

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

Submission - Submission authored by Submitter(s) on 14/10/1997

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 17/09/1997

December 16, 1997

The Submitters corrected the minor errors of form.

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 19/12/1997

December 16, 1997

The Secretariat began reviewing the submission under Article 14(1)

June 23, 1998

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 23/06/1998

August 4, 1998

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

Submission - Submission authored by Submitter(s) on 31/07/1998

March 18, 1999

The Secretariat determined that the revised submission did not meet the Article 14(1) criteria and terminated the process under guideline 6.3.

Determination - Secretariat Determination under Article 14 (1) authored by Secretariat on 18/03/1999