Although environmental law issues should generally be considered in any transaction, this article undertakes a brief review of the relevance of such issues in projects involving real estate.
In accordance with the provisions of article 4 of Mexico’s Political Constitution, any environmental damages will be the legal responsibility of the party who causes such damages
As of January 1, 2022, the State of Nuevo Leon established environmental or green taxes, which companies with operations in Nuevo León must pay when they file a monthly statement of emissions and/or polluting discharges. The applicable legislation establishes specific parameters and the obligation to pay said taxes in cases where the companies exceed certain
On March 11, 2022, the Official Mexican Standard titled NOM-001-SEMARNAT-2021 was published (“NOM” per its acronym in Spanish) setting forth new limits allowed for wastewater discharges to federal waterways. Such NOM updates and replaces Official Mexican Standard NOM-001-SEMARNAT-1996, and will enter into force in stages.
Regarding the NOM’s specifics, the following are worth noting:
1.
On October 29, 2021, the Second Chamber of Mexico’s Supreme Court of Justice published the judicial opinion through contradiction of prior decision number 2a./J. 1/2021 (11a.), captioned: “Audit Inspections. An inspection order issued to verify environmental compliance in accordance with the General Law for Ecological Balance and Environmental Protection need not indicate a time period