{"id":130408,"date":"2026-03-06T14:04:37","date_gmt":"2026-03-06T14:04:37","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=130408"},"modified":"2026-03-06T14:04:37","modified_gmt":"2026-03-06T14:04:37","slug":"mexico-environment","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/mexico-environment\/","title":{"rendered":"Mexico: Environment"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-130408","comparative_guide","type-comparative_guide","status-publish","hentry","guides-environment","jurisdictions-mexico"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Baker Mckenzie Abogados S.C.<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/01\/baker-mckenzie.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Baker Mckenzie Abogados S.C.<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/01\/baker-mckenzie.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Environment laws and regulations applicable in Mexico<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the environmental framework and the key pieces of environmental legislation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The right to enjoy a healthy environment is enshrined in the Mexican Constitution. Article 4 states that every person has a right to a healthy environment for his or her development and wellbeing and that the government must ensure that this right is afforded and protected.<\/p>\n<p>All man-made activities that may adversely affect the environment and public health, must comply with federal and state environmental laws, regulations and standards. There are currently many regulations in place that oversee different environmental matters, such as environmental impact, air quality, water and wastewater, land use, hazardous and non-hazardous waste as well as flora and fauna protection, among others.<\/p>\n<p>Relevant federal environmental laws include the General Ecological Balance and Environmental Protection Law (the &#8220;General Law&#8221;), the General Climate Change Law (the &#8220;Climate Change Law&#8221;), the Federal Environmental Liability Law (the &#8220;Environmental Liability Law&#8221;), the National Water Law, the General Waste Prevention and Integral Management Law ( the &#8220;General Waste Law&#8221;) as well as the General Wildlife Law.<\/p>\n<p>All of Mexico&#8217;s 32 states have enacted their own environmental laws and regulations, because certain activities that may produce environmental effects or that mandate environmental permits, are subject to state oversight.<\/p>\n<p>Mexico is also a party to several environmental treaties, such as the Paris Climate Agreement, the North American Agreement on Environmental Cooperation with the United States and Canada, the US-Mexico Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area (also known as the &#8220;La Paz Agreement&#8221;), the Marpol Protocols to Prevent Pollution from Ships, and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.<\/p>\n<p>More than 100 environmental standards have been developed and published by the federal government. These standards (referred to as Mexican Official Standards or NOMs) establish technical guidelines that help laws and regulations to be complied with, because they establish maximum allowable limits in the area of water quality, hazardousness of waste, air emissions and soil or groundwater contamination. They also help determine whether a site needs to be remediated if there is soil or groundwater contamination.<\/p>\n<p>Environmental damage is defined by the Liability Law as any &#8220;adverse and measurable loss, change deterioration, detriment, affectation or modification of habitats, ecosystems, natural resources and elements, their chemical physical or biological conditions, of their interaction as well as of the environmental services they provide&#8221;. They key components of this definition is that damage needs to be adverse and measurable. It is also worth mentioning that the Liability Law establishes an exception to the general definition, by providing that no environmental damage is deemed caused if it is reported in advance to authorities when applying for an environmental impact permit, or if the maximum allowable pollutant limits established in applicable standards are not exceeded. However, if specific requirements contained in an environmental permit are not met, the environmental damage exception may not apply.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who are the primary environmental regulatory authorities in your jurisdiction? To what extent do they enforce environmental requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At the federal level, the authority that has a mandate to oversee environmental policy in Mexico is the Ministry of Environment and Natural Resources (&#8220;SEMARNAT&#8221;). This cabinet ministry is comprised of three decentralized agencies:<\/p>\n<ul>\n<li>The Federal Bureau of Environmental Protection (&#8220;PROFEPA&#8221;) entrusted with carrying out inspections and being the enforcer of federal environmental laws.<\/li>\n<li>The National Water Commission (&#8220;CONAGUA&#8221;) which sets federal policy in the area of water and also oversees waste water discharges into federal water bodies or federal land (discharges into municipal sewage systems are regulated by state or municipal agencies).<\/li>\n<li>The National Agency of Industrial Safety and Environmental Protection of the Hydrocarbons Sector (&#8220;ASEA&#8221;) which, as the name suggests, oversees the oil and gas industry and has a legal mandate to issue environmental permits and authorisations as well as to conduct inspections and impose penalties.<\/li>\n<\/ul>\n<p>All states have their own environmental agencies that regulate matters that do not require federal oversight, such as certain industrial activities in the area of environmental impact, waste water discharges into urban sewage systems, state stationary and mobile air emission sources and non-hazardous waste-handling and disposal.<\/p>\n<p>Many municipalities also have their own environmental agencies that regulate issues that are not entrusted to federal or state authorities, such as noise emissions from stationary and mobile sources.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the framework for the environmental permitting regime in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Federal and state environmental laws require that certain activities secure permits, particularly in the area of environmental impact, forestry land use change, waste water discharges and air emissions. Waste generators only require to be registered before federal or state agencies. The requirements for securing permits are established in in each law and regulation. It is always important to determine whether an activity to be carried out is regulated by a federal or state environmental authority.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can environmental permits be transferred between entities in your jurisdiction? If so, what is the process for transferring?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A few permits are transferable by simply providing a written notice to a regulator. This is the case with regard to a federal environmental impact permit. A transferor submits a notice to SEMARNAT or to ASEA, informing the agencies that a transferee will be carrying out the activities authorised under a permit. The transferee also signs the letter, expressly agreeing to abide by all of the requirements of the permit. No responses from the federal agencies are required.<\/p>\n<p>In the case of a water concessions issued by CONAGUA to draw and use groundwater, the recently amended National Water Law prohibits their assignment or transfer. Instead, if assets of a company holding a concession are transferred, CONAGUA may reassign water volumes to the transferee and issue a new water concession.<\/p>\n<p>As for air emission licenses, these are generally non-transferable and a written request must be submitted to SEMARNAT or the corresponding state environmental agency, requesting the transfer to a third party.<\/p>\n<p>Except in the case of water concessions, in projects involving a transfer of assets of an industrial site, environmental permits may be transferred by notifying environmental agencies that a new entity will take over the site that already holds environmental permits. In many cases, regulators simply amend existing permits to reflect the name of the new permit holder. However, since there are no specific rules on how to transfer permits in the case of asset transfers, it is left for regulators to decide how to update permits.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights of appeal are there against regulators with regards to decisions to grant environmental permits?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Permits may be appealed by parties that object to environmental permits being granted, This is particularly the case with regard to environmental impact permits. There are different ways to lodge appeals. One involves simply filing a public complaint alleging that the activity that has secured an approval may cause harm to the environment. This may trigger an investigation. Another more formal way to contest an approval is through a review recourse or a nullity complaint. The recourse is filed before the agency that granted the permit; the second is submitted before a Federal Administrative Law Court.<\/p>\n<p>Although any person or entity has legal standing to file an action alleging environmental damage (after being caused), in the case of a permit that has been granted for an activity that is yet to begin, the appellant must show why it is that it should have not been allowed. This may involve arguing that there are zoning restrictions or that the activity may cause harm to vulnerable communities.<\/p>\n<p>Also, collective actions may be filed by 30 or more individuals, government agencies or non-governmental organisations against any activity that has caused or may cause environmental damage and these types of actions are filed before federal civil courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are environmental impact assessments (EIAs) for certain projects required in your jurisdiction? If so, what are the main elements of EIAs (including any considerations in relation to biodiversity or GHG emissions) and to what extent can EIAs be challenged?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any activity that may produce adverse environmental effects, requires an EIA. This is generally considered the most important permitting requirement, because it allows regulators the opportunity to review in advance the most relevant environmental effects that a work or activity will produce and to order the implementation of mitigation activities. Certain industries or activities such as hydraulic projects, federal highways, petrochemical installations, power plants, high-risk industries or tourism developments that may affect coastal ecosystems, require environmental impact permits from SEMARNAT or from ASEA. Activities not expressly regulated by federal agencies, require environmental impact permits from state authorities.<\/p>\n<p>An EIA should identify the project developer and describe in detail the work or activity to be carried out and its effects over water, the air, the soil and groundwater as well as the surrounding communities; it should also describe the waste stream to be generated. The key portion of an EIA is the description of all of the protective and mitigating actions to be carried out during the project&#8217;s construction and operating phases.<\/p>\n<p>EIAs cannot be appealed because they only constitute applications that have not been approved. However, the resulting environmental impact authorisations may be contested through administrative appeals or through nullity complaints, particularly if a public review process (mandated for all EIAs) was not fully carried out. When submitting an EIA, an extract must be published before a large circulation news outlet and any person from a community that may be affected by the work or activity may request a thorough pubic review and in some cases a public hearing.<\/p>\n<p>If any person from a potentially-affected community deems that the proposed mitigation activities may not be sufficient or that the activity may cause environmental harm, he or she may go to court to seek a nullification of the permit that has been granted. It should be noted that these actions continue to be infrequent in Mexico.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the framework for determining and allocating liability for contamination of soil and groundwater in your jurisdiction, and what are the applicable regulatory regimes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any party that causes soil contamination is legally required to remediate it and may face administrative, civil and in some cases criminal liability (if it wilfully caused contamination or if acting with gross negligence).<\/p>\n<p>The General Waste Law states that owners or occupants (such as tenants) of a contaminated property are jointly liable for remediation regardless of fault. They in turn, can bring an action against the party that caused contamination. Prior to transferring title over a contaminated property, a seller and a buyer must agree on who will carry out remediation. To determine if a property is contaminated, it is advisable to carry out soil characterisation studies.<\/p>\n<p>The government has published two standards that address the possible existence of soil contamination. One is standard NOM-138-SEMARNAT\/SSA1-2012 that establishes maximum allowable limits for hydrocarbons in soils and the other is NOM-147-SEMARNAT\/SSA1-2004 that sets limits for heavy metals. In the absence of clear regulatory guidelines, human health and risk studies are required to determine the need for remediation.<\/p>\n<p>SEMARNAT and\/or ASEA must approve the transfer of a contaminated site. However, failing to secure an authorisation will not prevent the transfer from taking effect. According to the Regulation to the General Waste Law, if a seller failed to inform a buyer that a site was contaminated and buyer later discovers that it was, the seller will be liable for remediation.<\/p>\n<p>The statute of limitations for making a claim of environmental liability is 12 years as of the moment when contamination occurs or its effects cease.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Under what circumstances is there a positive obligation to investigate land for potential soil and groundwater contamination? Is there a positive obligation to provide any investigative reports to regulatory authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no positive obligation to investigate or to provide investigative reports to regulatory authorities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If land is found to be contaminated, or pollutants are discovered to be migrating to neighbouring land, is there a duty to report this contamination to relevant authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the contamination does not exceed one cubic meter, actions to contain it may be carried out without having to notify regulators. Otherwise, the party responsible for the hazardous material that has been spilled must immediately execute actions to prevent contamination and must immediately notify PROFEPA and other regulatory agencies of the situation, complying with any measures ordered by the agency, including carrying out remedial actions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the owner of land that is affected by historical contamination have a private right of action against a previous owner of the land when that previous owner caused the contamination?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. A civil action may be filed alleging environmental harm in order to have a judge order the party that caused contamination to remediate it but keeping in mind the statute of limitations. Also, the obligation to remediate irrespective of fault survives and makes the current owner liable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key laws and controls governing the regulatory regime for waste in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main federal statue governing waste is the General Waste Law. All of Mexico states have their own waste laws in place. All activities involving hazardous waste are overseen by federal agencies (SEMARNAT or ASEA), while state authorities regulate all activities involving non-hazardous waste, also classified as waste subject to special handling (such as plastic and metal waste, for example).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do producers of waste retain any liabilities in respect of the waste after having transferred it to another person for treatment or disposal off-site (e.g. if the other person goes bankrupt or does not properly handle or dispose of the waste)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, particularly if they hired a waste transportation and disposal company that is not licensed to handle, transport or dispose of the waste. The General Waste Law provides that liability remains with the generator if waste is transferred unlawfully.<\/p>\n<p>Once the waste is transferred to a licensed disposal company or facility, the producer is relieved from liability if the waste handling company goes bankrupt or does not properly handle or dispose of the waste.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent do producers of certain products (e.g. packaging\/electronic devices) have obligations regarding the take-back of waste?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are a number of obligations that producers of certain waste must meet. Implementing take-back protocols are one of them. Generators of waste subject to special handling, must prepare a waste management plan and have it approved either by federal agencies (such as SEMARNAT or ASEA) or by state or municipal authorities.<\/p>\n<p>Waste streams requiring a management plan include, spent lubricants, used organic solvents, mercury or nickel-cadmium spent batteries, automobile batteries, fluorescent and mercury vapour lamps, pesticides and oil-drilling muds. Also, large hazardous waste generators (those generating more than 10 metric tonnes in one year) are required to prepare and register waste management plans.<\/p>\n<p>Most states in Mexico have banned the use and marketing of certain plastic products, such a grocery bags and certain plastic products.<\/p>\n<p>The General Circular Economy Law that was enacted in January 2026 requires productive sectors to generate or develop products having a \u201ccircular design\u201d if this is technically or economically feasible and to implement circularity policies under an extended producer responsibility scheme. The overall idea behind this is to minimize waste generation and to use, when feasible, secondary raw materials. Regulations on how best to implement these incipient obligations are yet to be developed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the duties of owners\/occupiers of premises in relation to asbestos, or other deleterious materials, found on their land and in their buildings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Asbestos fibres are classified as a hazardous waste once freed from the areas or places where they are affixed, present or found and must be handled, contained, transported and disposed of in compliance with federal regulations.<\/p>\n<p>There are no asbestos abatement regulations in Mexico. Occupational health and safety laws require workers that are exposed to asbestos fibres to wear protective equipment and to undergo medical examinations if exposed to certain quantities.<\/p>\n<p>There is one Mexican Official Standard that regulates the sanitary requirements for the processing and use of asbestos: NOM-125-SSA1-2016.<\/p>\n<p>Asbestos is not required to be removed except when becoming a hazardous waste by being disengaged from where it was affixed or in an emergency situation where the levels of asbestos are surpassed in specific areas.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are product regulations (e.g. REACH, CLP, TSCA and equivalent regimes) applicable in your jurisdiction? Provide a short, high-level summary of the relevant provisions.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico has its own laws and regulations dealing with chemicals and toxic substances. The General Health Law and its Regulations provide a number of reporting requirements that must be met when importing, handling, marketing and handling toxic products and substances. Some of these requirements involve securing licenses and registration numbers. The Federal Commission on the Prevention of Sanitary Risks (&#8220;COFEPRIS&#8221;) is the agency in charge of implementing rules on product distribution and handling, including rules relating to containment and labelling.<\/p>\n<p>COFEPRIS is also involved in the licensing of all medical products including medicines and certain chemicals substances manufactured in Mexico.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What provisions are there concerning energy efficiency (e.g. energy efficiency auditing requirements) in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico does not have any laws mandating energy to be produced or consumed in an efficient manner. Although Mexico is a signatory of the Paris Agreement and the Federal Electricity Energy Law requires the country to transition into cleaner sources of energy, Mexico is yet to enforce guidelines on achieving energy efficiency and has yet to develop economic incentives to promote the generation of power through renewable sources.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key policies, principles, targets, and laws relating to the reduction of greenhouse gas emissions (e.g. emissions trading schemes) and the increase of the use of renewable energy (such as wind power) in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The General Climate Change Law states that it is in Mexico&#8217;s strategic interest to carry out actions designed to mitigate or compensate for climate change and to develop the corresponding technical, as well as economic instruments. As a signatory to the Paris Climate Agreement, Mexico has agreed to contribute to fighting climate change and greenhouse gas emissions within the country and to implement mitigation and compensation policies.<\/p>\n<p>The General Climate Change Law established an aspirational 30% greenhouse gas reduction target by 2020, increasing to 50% by 2050 with regard to the year 2000 emissions. However, these targets may only be achieved if an international regime is in place that provides for financial and technological support afforded by developed countries. Currently, the government has a target for 35% of the nation&#8217;s energy output to come from renewable or &#8220;clean&#8221; sources by the year 2024. It is unclear whether it will be achieved.<\/p>\n<p>Also, according to Mexico&#8217;s REDD+ 2017-2030 Strategy published by the federal government, rights over carbon credits should be bestowed exclusively to the government and not to the owners of the land where the credits are generated. This has created some controversy within indigenous communities and farming towns and it is likely that this claim by the government may be challenged in the courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have an overarching \u201cnet zero\u201d or low-carbon target and, if so, what legal measures have been implemented in order to achieve this target.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico has yet to implement legislation establishing net zero or low-carbon targets, other than generally requiring greenhouse gas reductions under the General Climate Change Law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are companies under any obligations in your jurisdiction to have in place and\/or publish a climate transition plan? If so, what are the requirements for such plans?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No obligations are currently in place in Mexico.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent does your jurisdiction regulate the ability for products or companies to be referred to as \u201cgreen\u201d, \u201csustainable\u201d or similar terms? Who are the regulators in relation to greenwashing allegations?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Products may be referred to as green or sustainable, but this is more of an advertising strategy that laws do not regulate with any degree of specificity. However, if a company purports to have sustainable products that meet certain sustainability guidelines and consumers find out that this was a fraudulent assertion, they may file a collective action for breach of representation or they may initiate an administrative procedure before the Federal Bureau of Consumer Protection (\u201cPROFECO\u201d) and this agency may issue citations or fines against the company making such misleading statements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any specific arrangements in relation to anti-trust matters and climate change issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Not currently.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any notable court judgments in relation to climate change litigation over the past three years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In a lawsuit involving a lease agreement in 2022, the Third Collegiate Court for the First Circuit ruled that the State and other agencies that comprise it must abide by the environmental principles that have as their purpose protecting the right that every person has to enjoy a clean environment. This is particularly true in the case of the use of electricity by a tenant in a lease agreement, who has an obligation to pay for its consumption.<\/p>\n<p>In another ruling of 2023, the Second Collegiate Court for the Second Circuit ruled that in the case of environmental taxes, particularly those that are applicable to stationary sources that emit GHGs into the atmosphere, such taxes are not unconstitutional and do not violate the principle of tributary equity, given that a right to a clean environment is not only a human right but it is enshrined in the constitution and therefore such taxes serve the purpose of contributing to an improvement in air quality.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In light of the commitments of your jurisdiction that have been made (whether at international treaty meetings or more generally), do you expect there to be substantial legislative change or reform in the relation to climate change in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Even though the current president of Mexico has an environmental background and worked for several years in the development of climate laws and regulations, there seem to be no climate-<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can the following persons be held liable for breaches of environmental law and\/or pollution caused by a company: (a) the company itself; (b) the shareholders of the company; (c) the directors of the company; (d) a parent company; (e) entities (e.g. banks) that have lent money to the company; and (f) any other entities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Liability Law states that any individual or entity that causes environmental damage is liable for restoring it or paying compensation. Companies are liable for environmental damage caused by their legal representatives, officers, administrators, managers, directors, employees and by any person having functional control over the company&#8217;s operations, if such persons are careless or acting in accordance with their functions.<\/p>\n<p>Officers, employees, directors and agents are generally liable for:<\/p>\n<ul>\n<li>Negligence or misconduct when discharging their duties;<\/li>\n<li>breaches of instructions received from management;<\/li>\n<li>actions that exceed their authority; and<\/li>\n<li>allowing, within the scope of their functions, violations to the Federal Criminal Code, solely in the case of officers, legal representatives, managers or employees.<\/li>\n<\/ul>\n<p>With regard to shareholder liability, there is no piercing of the corporate veil in the area of environmental liability. Therefore, shareholders may not be liable. Only the legal entity (a company) may be found liable along with its legal representatives, directors, administrators, managers, or employees.<\/p>\n<p>It is rare for parent companies be accused of playing a role in environmental damage caused by their subsidiaries. However, collective actions on environmental matters could target parent companies if there is evidence that they may have been complicit in any action or omission that causes environmental damage.<\/p>\n<p>Banks or financial institutions that lend money to individuals or entities that cause environmental damage cannot be made liable for such damage. However, if a bank becomes the beneficial owner or occupier of contaminated land (because of a lien or a surety guarantee), it may be liable for its remediation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can: (a) a buyer assume any pre-acquisition environmental liabilities in an asset sale\/share sale; and (b) a seller retain any environmental liabilities after an asset sale\/share sale in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>This type of liability may be assumed through private contracts. A buyer may agree to accept all post-closing environmental liability and a seller may agree to indemnify a buyer if environmental liability is generated after a sale of assets or shares. Seller may also agree to carry out remedial actions after the operation takes place. These types of agreements are common in Mexico.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What duties to disclose environmental information does a seller have in a transaction? Is environmental due diligence commonplace in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the General Waste Law, if a seller is aware that a property to be sold is contaminated with hazardous waste, he must inform the buyer and both (seller and buyer) must agree on who will carry out remediation. No title over contaminated property may be transferred without the express written approval of SEMARNAT.<\/p>\n<p>Environmental due diligence is common in Mexico, in many cases focusing on whether there may be soil contamination at a site to be acquired, but also to determine whether the target company holds valid environmental permits.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What environmental risks can be covered by insurance in your jurisdiction, and what types of environmental insurance policy are commonly available? Is environmental insurance regularly obtained in practice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Environmental liability insurance may be acquired to cover against environmental damage that may be caused as a result of breaching a legal obligation or an environmental permit.<\/p>\n<p>In the case of large projects, such as petrochemical installations, infrastructure projects, power plants or industrial facilities that may be deemed &#8220;high-risk&#8221;, regulators will order the project owners or developers to purchase insurance to cover any type of environmental damage that may be caused. According to the Environmental Liability Law, if an entity has caused contamination, penalties against it may be reduced if it is able to show that it has acquired insurance.<br \/>\nThere are a number of carriers that offer coverage for any of the following risks:<\/p>\n<ul>\n<li>Personal or material damage;<\/li>\n<li>remediation costs;<\/li>\n<li>civil liability for environmental damage;<\/li>\n<li>liability for economic loss; and<\/li>\n<li>environmental liability arising from the conditions of environmental impact permits.<\/li>\n<\/ul>\n<p>ASEA has issued administrative guidelines that establish the amounts that insurance must cover against losses and damages caused by parties that carry out activities relating to the hydrocarbons sector.<\/p>\n<p>Regulated entities must register their insurance policies with ASEA prior to carrying out any works or activities. If regulated entities have already secured a valid insurance policy as of the date of publication of the guidelines, they may register it with ASEA, and at the end of the term of the insurance policy, the corresponding adjustments must be made in accordance to the guidelines.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are there public registers of environmental information kept by public authorities in your jurisdiction? If so, what is the process by which parties can access this information?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is a federal registry kept by the federal government that keeps track of stationary air emission sources. This registry is updated with information provided by emitters of greenhouse gases. The purpose of this registry is to allow an emissions trading system in the future.<\/p>\n<p>Companies or establishments that generate more than 25,000 tonnes a year of greenhouse gases through direct or indirect emissions, are required to register their output with SEMARNAT on a yearly basis.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent is there a requirement on public bodies in your jurisdiction to disclose environmental information to parties that request it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to the General Law, and the Law of Access to Public Information, any person has the right to have SEMARNAT, ASEA, as well as other federal or state environmental agencies, put at his or her disposal any environmental information requested. Any petition must be in writing, specifying the type of information being requested and the reasons behind the request.<\/p>\n<p>In some cases, regulatory agencies may deny access to information if it is deemed of a confidential nature or if its disclosure may damage third-party rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are entities in your jurisdictions subject to mandatory greenhouse gas public reporting requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. SEMARNAT requires emitters of a minimum of 25,000 tonnes of greenhouse gases a year to report their direct or indirect emissions. The information provided is uploaded to the emissions transfer registry kept by the federal government. This is widely seen as a prelude to a future emissions trading scheme. There is also an emissions-trading pilot program that SEMARNAT has been implementing throughout Mexico, although there is yet to be a formal emissions-trading scheme in place.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any significant updates in environmental law in your jurisdiction in the past three years? Are there any material proposals for significant updates or reforms in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Amendments to the National Water Law (\u201cNWL\u201d) were published on December 11, 2025. Also, a General Water Law (\u201cGWL\u201d) was also enacted on the same date.<\/p>\n<p>The GWL states that every person has a human right to water in accordance with the Constitution and international treaties signed by Mexico. All government agencies have an obligation to promote, respect, protect and guarantee human access to water. Water supply must be sufficient in quality, continuous and equitable to sustain human life.<\/p>\n<p>As stated above, water concession holders will no longer be able to transfer their concession titles. The NWL has introduced the concept of water volume reassignments, which will conceptually replace transfers. A reassignment is defined as a process whereby the National Water Commission (CONAGUA) disposes of water volumes located in reserve funds and assigns them or grants new concession titles in accordance with the rules to be established by upcoming regulations. The NWL states that these reassignments must be resolved in an expedited manner.<\/p>\n<p>To grant new concession titles, CONAGUA will have to take into account median annual water availability, which will be subject to review every two years, along with water exploitation rights duly recorded before the newly created National Water Rights Registry and the corresponding water extraction regulations.<\/p>\n<p>The General Circular Economy Law was also enacted on January 13, 2026. It defines \u201ccircular economy\u201d as a sustainable production and consumption model that includes systematic solutions for economic development, reducing environmental impact through technical and biological cycles allowing for the permanence and reintegration of products into the economy, thereby reducing waste and contamination.<\/p>\n<p>Aside from the vague requirement of a circular design for products (addressed on section 13), the Circular Economy Law does not contain any specific requirements that producers or manufacturers must meet. It is likely that these will be contained in regulations and standards that will be unveiled during 2026.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5255<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/130408","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=130408"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}