By Lizbeth Espinosa
Private enterprises are not exempt from the responsibility of environmental conservation, as determined by the Supreme Court of Justice of the Nation (SCJN).
Based on the criteria adopted by the Court, the access to a healthy environment has a nature of right-duty, highlighting that companies have an obligation to preserve it.
This follows the decision of the SCJN in 2016 on the amparo in review 5452/2015, addressing the liability of private entities in safeguarding the human right to a healthy environment.
The Court concluded that both private entities and the government share a collective responsibility in this matter, thereby reinforcing the commitments of companies in safeguarding the environment.
The case involved a company in the State of Mexico, authorized to operate a vehicle verification center.
During inspections conducted by the Federal Attorney for Environmental Protection (PROFEPA), it was discovered that the company was failing to meet its environmental obligations by violating the Biodiversity Code of the State of Mexico, among other regulations, leading to sanctions.
The company contested PROFEPA’s decisions, asserting the unconstitutionality of Article 4.46 of the Biodiversity Code, contending that this article delegated to individuals the State’s obligation to protect the right to a healthy environment.
However, the SCJN dismissed this assertion, stating that while this article outlines measures for environmental protection, there exists shared responsibility between the State and citizens.
At Vega, Guerrero y Asociados, we provide environmental consulting services to ensure effective compliance with the standards set by the national and international regulatory framework for environmental protection.
For further information, please contact us.
