Substitution of the Deficiency of the Complaint in Environmental Amparos: Applicable Even Without Arguments

The First Collegiate Administrative Court of the Second Circuit ruled that in matters involving environmental rights, judges should supplement a deficient complaint even if the claimant does not present specific arguments or alleged violations. *

The ruling arises from a case in Mexico State, where a permit authorizing the felling of trees for industrial construction was challenged. Although the review request was submitted without formal grievances, the Court held that environmental matters require enhanced protection.

Key Point of the Ruling

The supplementation of a deficient complaint, as established in Article 79 of the Amparo Law, does not explicitly cover environmental matters. However, the Court extended its application based on:

  • Precautionary principle: acting preventively in the face of potential environmental harm, even with scientific uncertainty.
  • In dubio pro natura principle: favoring the interpretation most protective of the environment in cases of doubt.

This approach allows judges to examine potential environmental impacts on their own initiative, even if the claimant has not presented formal arguments.

Implications for Companies and Projects

Although this is an isolated thesis and not jurisprudence, it may serve as a reference for other courts, increasing the possibility that environmental litigation may:

  • Proceed even with incomplete claims.
  • Trigger stricter review of authorizations, licenses, and permits with potential environmental impacts.
  • Be resolved applying a heightened standard of protection.

Situations Where This May Be Relevant

  • Authorizations for tree cutting, land clearing, or changes in land use.
  • Construction permits in areas of ecological value.
  • Industrial activities potentially affecting flora, fauna, air, or water quality.

Recommendation

In light of this thesis, it is advisable to:

  • Review the substantive and procedural compliance of environmental authorizations.
  • Document preventive and mitigation measures from the planning stage.
  • Anticipate that some courts may adopt this approach in environmental disputes.

At Vega, Guerrero & Asociados, our Environmental Law practice is staffed by a highly specialized team ready to advise and address any questions regarding permits, authorizations, or environmental disputes. For any inquiries, do not hesitate to contact us.

* This thesis was published on Friday, August 15, 2025, at 10:23 a.m. in the Semanario Judicial de la Federación. Digital registry: 2030971. Eleventh Period. Thesis: II.1o.A.53 A (11a.). Type: Isolated.

Facebook
Twitter
LinkedIn
WhatsApp

También puede disfrutar