The Federal Environmental Responsibility Act - Mexico

The Federal Environmental Liability Act, in force as of last June 10, 2013 highlights important obligations among which:

  • • Introduced into the environment, the concept of damage repair in civil matters, the criterion of "ground state" which is explained as the condition in which the site was at the time immediately prior to the damage.
  • • Article 13 provides that compensation for damage may be based on your state return the damaged site.
  • • In terms of environmental impact, opens the possibility of sustainable construction without prior authorization have impact only paying a financial penalty and request posteriorly damage, such authorization.
  • • Article 16 states that even in the absence of criteria is required to repair the site to its ground state.
  • • They penalize the failure to carry.
  • • Have a legitimate right to sue individuals affected entities without profit Funes into whose purpose is the protection of the environment, and PROFEPA equivalents at state and municipal levels.
  • • Opera prescription at 12 years after the damage occurs.
  • • To set the ground state, may use photos, satellite images, population studies and all the technical elements and science.
  • • Alternative dispute resolution mechanisms are contemplated. Eg The agreement between the parties.

The Federal Environmental Responsibility Act - Mexico
Congress

Last official publication - May 20th 2021