On May 8, 2015, three court precedents were published in the Judicial Journal regarding the interpretation and application of federal environmental liability law.
The first judgment concerned the interpretation of article 29 of the law, which provides for a 12-year limitation period for environmental liability claims. The key element of the decision is that the limitation period will start from the moment the damages are known – and not from the moment they are produced (Tesis Aislada 1a CXLVII / 2015).
The second judicial precedent held that Articles 28 (1) and (2) of the law violate the right to effective judicial protection. These articles recognize the right of civil associations to bring an action for environmental liability provided that at least three years have elapsed since their creation and that they represent an inhabitant of the municipality who has suffered the environmental damage. Since these requirements are in addition to those contained in collective actions governed by the Federal Code of Civil Procedure, they are considered an obstacle to the exercise of the rights of civil associations and therefore violate Articles 4 and 17 of the Constitution. mexican (Tesis Aislada 1a CXLIV / 2015).
Finally, the third judicial precedent affirms that the legislator has unreasonably modified the essence of the fundamental right of access to justice. The Federal Code of Civil Procedure sets out the right to bring collective action for environmental damage in order to defend collective rights; Likewise, article 28 of the Federal Law on Environmental Liability provides that civil associations must meet two additional conditions in order to take legal action for environmental damage. For this reason, the legislator exceeded the competence conferred on it by article 17 of the Constitution, because it can only regulate – and not constrain – the conditions under which a fundamental right of access to justice can be exercised (Tesis Aislada 1a CXLVI / 2015).
For more information on this topic, please contact Juan Francisco Torres Landa, Mario jorge yanez, Brenda Rogel Salgado Where Jeanett Trad Nacif to Hogan Lovells BSTL, SC by phone (+52 55 5091 0000) or email ([email protected], [email protected], [email protected] Where [email protected]). The Hogan Lovells BSTL, SC website can be accessed at www.hoganlovells.com.