Background on the Case and Relevant Parties
In Tulum, a popular tourist destination in Quintana Roo, Mexico, an irregular condominium named Adhamar Solimán was ordered to be demolished by a federal judge. This decision came after citizens, represented by the environmental organization Defendiendo el Derecho a un Medio Ambiente Sano (DMAS), successfully obtained an amparo due to the Procuraduría Federal de Protección al Ambiente (Profepa)’s failure to enforce environmental regulations during the construction.
Who is Profepa and Why are They Relevant?
Profepa is Mexico’s federal environmental protection agency responsible for enforcing environmental regulations and ensuring compliance with environmental laws. In this case, Profepa was supposed to monitor the construction of Adhamar Solimán and ensure that Desarrollos Tulum Dieciséis, the building company, adhered to environmental norms.
The Impact on the Environment and Local Community
The condominium’s location is near the Xcacel Xcacelito sea turtle nesting sanctuary, making its construction a significant concern for the local ecosystem. The failure of Profepa to enforce regulations led to damages in a coastal dune ecosystem, prompting citizens to seek legal action.
Key Events and Judge’s Decision
- Profepa’s Initial Action: In June 2024, Profepa determined that Desarrollos Tulum Dieciséis had caused damage to a coastal dune ecosystem and imposed fines along with the obligation to restore 731.80 m² of affected area.
- Semarnat’s Denial: The Secretaría de Medio Ambiente y Recursos Naturales (Semarnat) denied the environmental impact authorization sought by the company, which should have prompted immediate execution of restoration measures.
- Citizen’s Amparo: Due to Profepa’s inaction, citizens of Tulum, advised by DMAS, filed for an amparo, leading to a federal judge’s decision.
- Judge’s Order: The judge ordered Profepa to actively and officially enforce the environmental restoration as per the court’s decision.
Legal Representative’s Explanation
Mónica Huerta, the legal representative of DMAS, explained in a press conference that Profepa is obligated to enforce economic sanctions and follow up on the criminal complaint for environmental crimes filed with the Fiscalía General de la República. Profepa cannot delegate responsibility for complying with restoration measures to the sanctioned company.
Precedent and International Principles
The ruling reaffirms the constitutional right to a healthy environment (Article 4) and emphasizes that authorities must take immediate and effective actions to protect the environment. It also incorporates international principles, such as the precautionary principle, which mandates action even in the presence of scientific uncertainty regarding severe or irreversible risks.
Key Questions and Answers
- What is the case about? A federal judge ordered the demolition of an irregular condominium, Adhamar Solimán, in Tulum due to Profepa’s failure to enforce environmental regulations during its construction.
- Who is Profepa? Profepa is Mexico’s federal environmental protection agency responsible for enforcing environmental regulations and ensuring compliance with environmental laws.
- Why is this case important? The case highlights the significance of environmental protection agencies’ roles in preserving ecosystems, especially in areas of high environmental value like Tulum.
- What are the implications of the judge’s decision? The decision reinforces the responsibility of authorities to take immediate and effective actions to protect the environment, incorporating international principles such as the precautionary principle.
