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Excerpt
By the 1970s the high concentration of people, industry and air polluting motor vehicles inhabiting limited geographical areas created a visible and troubling pollution problem for Mexico. During the
1970s, the Mexican government made its first attempts to establish mechanisms designed to
protect the environment.
On March 21, 1971, Mexico's first consolidated environmental Law, the Ley Federal para Prevenir y Controlar la Contaminación Ambiental (Federal Law for the Prevention and
Control of Environmental Pollution), went into effect. This Law primarily addressed public health concerns, including provisions for the control of atmospheric emissions. Three sets of regulations were enacted to implement this Law: regulations to prevent and control atmospheric pollution caused by dust and smoke; regulations to control water pollution; and regulations to prevent and control pollution of the sea.
In 1982, Congress enacted the Ley Federal de Protección del Ambiente (Federal Law for the
Protection of the Environment) which covered omissions issues more broadly than the prior Law did. This Law included provisions for the protection and preservation of ecosystems, and initiated a new legal framework to protect flora, fauna, soil and water. This Law was the first to deal with
environmental principles with mechanisms for socioeconomic development.
Mexico amended its Constitution
in 1987 giving Congress, among other powers, the authority to enact laws to promote the participation of federal, state, and local authorities in environmental matters and to impose limitations on the use and ownership of real property in order to protect the ecological equilibrium. This amendment gave rise to the enactment of new
federal environmental laws, such as LGEEPA, which are still in effect today.
LGEEPA, Mexico's first comprehensive environmental law, went into effect
on March 1, 1988. [ Diario Oficial de la Federación (DOF) (equivalent to U.S. Federal Register) , January 28, 1988 .] LGEEPA was
amended in 1996. In contrast to its predecessor, LGEEPA addresses a broader range of
environmental matters including protection of natural areas; exploitation of natural elements, including land and water; and protection of the environment, including atmospheric contamination, water and soil contamination, hazardous activities and waste, nuclear energy and other forms of pollution. LGEEPA also sets forth control and safety measures, penalties for non-compliance, guidelines for environmental impact statements and risk assessment. Additionally, LGEEPA addresses matters of jurisdiction,
ecological zoning, and enforcement. The following five sets of regulations are currently in effect that implement this Law:
• Reglamento de la Ley General del Equilibrio Ecológico y Protección al Ambiente en Materia de Impacto Ambiental (Regulations of the General Law of Ecological Equilibrium and
Environmental Protection for Matters Related to Environmental Impact).
(DOF, June 7, 1988)
• Reglamento de la Ley General de Equilibrio Ecológico y Protección al Ambiente en Materia de Prevención y Control de la Contaminación de la Atmósfera. (Regulations of the General Law of Ecological Equilibrium and Environmental Protection for Matters Related to
Atmospheric Pollution). (DOF, November 25, 1988)
• Reglamento de la Ley General de Equilibrio Ecológico y la Protección al Ambiente en Materia de Residuos Peligrosos (Regulations of the General Law of Ecological Equilibrium and
Environmental Protection for Matters Related to Hazardous Waste).
(DOF, November 25, 1988)
• Reglamento de la Ley General de Equilibrio Ecológico y la Protección al Ambiente para la Prevención y Control de la Contaminación Generada por los Vehículos Automotores que Circulan por el Distrito Federal y los Municipios de su Zona Conurbada (Regulations of the General Law of
Ecological Equilibrium and Environmental Protection for the Prevention and Control of Pollution Generated by Motor Vehicles that Transit through the Federal District and the Municipalities of the Counties in the Metropolitan Zone). (DOF,
November 25, 1988)
• Reglamento para la Protección del Ambiente Contra la Contaminación Originada por la Emisión de Ruido (Regulations for the Protection of
the Environment against Pollution Originating from Noise Emissions). (DOF, December 6, 1982) [ This regulation was enacted to carry out the law of
1982; however, it remains in effect as a regulation for LGEEPA.]
B. The
1996 amendment to LGEEPA
The amendment to LGEEPA was published in the DOF on
December 13, 1996 (the "Amendment"), and went into effect the next day. Some of the changes to LGEEPA brought about by this Amendment included:
• Purpose of the Law The Amendment changed the stated purpose of LGEEPA, expanding the purpose of the Law and adding the concept of sustainable development which had not existed previously in the Law. The Amendment also added elements which established the following:
- A guarantee of the right of all persons to live in
an environment suitable for their development, health and well being;
- A specific environmental policy and the instruments for its implementation;
- The preservation of biodiversity;
- The establishment and administration of
protected natural preserves;
- Sustainable use, preservation and remediation of soils, water and other natural resources in ways that make the obtaining of economic benefits and activities of society
compatible with the preservation of the ecosystem;
- A guarantee of the participation of responsible persons, collectively or individually, in the preservation, restoration, and
protection of the environment;
- The exercise of powers related to
environmental matters delegated to the federal government, the states, the Federal District and the municipalities under the principle of concurrence provided for in Article 73 Section XXIX-G of the Constitution;
- The establishment of mechanisms for coordination, inducement and cooperation among authorities, the public and private sector, as well as with persons and public groups on
environmental matters; and
- The establishment of control and security measures to guarantee compliance with, and the application of, this Law and the provisions derived from it and to impose applicable administrative
sanctions and penalties.
Overview of Mexico's Environmental Laws spmxen13.htm