Submission

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