By: Lizbeth Jiménez
The growing environmental awareness and sustainability demands have reshaped environmental regulation in Mexico. The precautionary principle, a cornerstone of environmental law, emphasizes the necessity of proactive measures to prevent harm to the environment, even in the absence of conclusive scientific evidence. Companies must incorporate this principle into their business strategy.
The Supreme Court of Justice of the Nation (SCJN) has endorsed this approach, underscoring corporate responsibility in environmental protection.
Hence, ensuring compliance with environmental obligations is imperative for companies. They may face challenges due to the expansive nature of the regulatory framework, encompassing various general laws, regulations, and Official Mexican Standards. Among the key obligations are:
- Environmental Impact Assessments (EIA), including any imposed conditions.
- Licenses for atmospheric emissions, which can be either a Unified Environmental License or an Operating License, contingent on the specific project.
- Waste Management Plans tailored to the types of waste generated.
- Obtaining the requisite permits for water supply and discharge.
Compliance with these authorizations will vary according to the project’s scope, state-level regulations, and specific characteristics such as the management of hazardous activities. Rigorous evaluation of projects before and during their development not only averts legal sanctions and reputational damage but also fosters sustainable innovation and leadership in the market.
To this end, Vega, Guerrero & Asociados have highly trained lawyers to provide timely attention and advice to companies on this matter.