Background on the Condominium Adamar and Its Developers
The Condominium Adamar, located in Tulum, Quintana Roo, was constructed without any required permits and with the approval of municipal authorities. The project, led by Desarrollos Tulum Dieciséis, S.A.P.I. de C.V., faced numerous environmental regulatory violations during its construction.
Profepa’s Initial Inaction and Subsequent Legal Action
The Procuraduría Federal de Protección al Ambiente (Profepa) received a denunciation on July 16th regarding potential crimes against the patrimonio, public administration, urban development, and the environment. These allegations stem from various articles in Quintana Roo’s Código Penal.
Following this denunciation, the Fiscalía General del Estado (FGE) took action to seize the property, designating Profepa as its custodian. This move ensures the site’s protection and allows ongoing investigations into the administrative and criminal responsibilities.
DMAS’s Role in Highlighting Profepa’s Inaction
Defendiendo el Derecho a un Medio Ambiente Sano (DMAS), an environmental rights association, reported Profepa’s failure to enforce environmental regulations during the construction of Condominium Adamar. As a result, a judge ordered Profepa to verify the building’s demolition and site restoration.
In June 2024, Profepa itself determined that Desarrollos Tulum Dieciséis had caused damage to a coastal dune ecosystem, imposing fines and mandating the restoration of 731.80 m².
Despite these findings, the company continued construction without adhering to the required environmental measures. This led to citizen amparo supported by DMAS, resulting in a court order for Profepa to actively enforce environmental restoration.
Current Status and Future Implications
The FGE’s seizure comes as the condominium has made significant progress. Profepa’s delayed action highlights the need for environmental agencies to act promptly and decisively when regulatory breaches occur.
Mónica Huerta, DMAS’s legal representative, emphasized that Profepa is now obligated to enforce economic sanctions and follow through on the environmental crimes case filed with the Federal Attorney General’s Office. Delegating restoration responsibilities to the sanctioned company is no longer an option.
Key Questions and Answers
- What is the Condominium Adamar? The Condominium Adamar is an illegal construction project in Tulum, Quintana Roo, developed by Desarrollos Tulum Dieciséis, S.A.P.I. de C.V., without proper environmental permits or adherence to regulations.
- Why was Profepa criticized? Profepa was criticized for failing to enforce environmental regulations during the Condominium Adamar’s construction, allowing the project to continue despite numerous violations.
- What actions has the FGE taken? The Fiscalía General del Estado seized the Condominium Adamar property, designating Profepa as its custodian to ensure protection and enable ongoing investigations.
- What is DMAS’s role? Defendiendo el Derecho a un Medio Ambiente Sano (DMAS) is an environmental rights association that highlighted Profepa’s inaction and supported citizen amparo leading to the current situation.
- What are the future implications? This case emphasizes the importance of timely and decisive action by environmental agencies when regulatory breaches occur, ensuring projects adhere to necessary standards and protect the environment.
