ENVIRONMENTAL CONSULTATIONS AND SUBMISSIONS (USMCA Chapter 24)

*Links to website of USMCA Commission on Environmental Cooperation (CEC) and its tracking site for Submissions on Enforcement Matters, providing links to documents submitted in the matters listed below

(1) Loggerhead turtle (Mexico)

Link to CEC Registry of Submissions on loggerhead turtle

December 17, 2020: Centro Mexicano de Derecho Ambiental, A.C., and Center for Biological Diversity file submission under USMCA Article 24.27 with CEC arguing that Mexican Ministry of Environment and Natural Resources and other environmental agencies fail to effectively enforce provisions in Mexican law and treaties aimed at protection and conservation of loggerhead turtle (Caretta caretta).

February 8, 2021; Secretariat requests response by Mexico. May 28: Mexico responds. July 27: CEC Secretariat recommends preparation of a factual record under USMCA Article 24.28. October 25, 2021: CEC Secretariat confirms extension of time for Mexico response until December 21, 2020.

(2) Fairview Terminal (Canada) (terminated)

Link to CEC Registry of Submissions on Fairview Terminal

February 28, 2021: Undisclosed submitter files submission under USMCA Article 24.27 with CEC, alleging that the Prince Rupert Port Authority, as agent of the Government of Canada, is failing to effectively enforce Canadian Environmental Assessment Act, 2012. Submission asserts that mitigation measures for the Fairview Terminal Phase II Expansion Project have not been implemented, leading to harm to public health from poor air quality, noise, and vibration impacts. March 9: CEC Secretariat informs submitter that submission does not meet USMCA requirements. March 29: Revised submission received. April 27: CEC Secretariat determines submission meets requirements and requests response by Canada. June 28: Canada responds. August 27: CEC Secretariat determines not to recommend preparation of a factual record under USMCA Article 24.28(1) and terminates the process.

(3) Right whale conservation (US)

Link to CEC Registry of Submissions on North Atlantic right whale

October 4, 2021: US-based ocean advocacy NGO Oceana files submission under USMCA Article 24.27 with CEC, arguing that the US government is failing to effectively enforce its environmental laws to adequately protect the critically endangered North Atlantic right whale from entanglement in fishing gear and vessel strikes. Submission requests that the CEC Secretariat develop a factual record, as contemplated by Article 24.28, on an expedited basis, to clarify US failure to protect these whales and enable development of a successful conservation strategy.

June 13, 2022: Secretariat of the USMCA Commission on Environmental Cooperation (CEC) recommends that the CEC should develop a factual record to explore US enforcement activities to protect the North Atlantic right whale along the US east coast. CEC Council must vote on this recommendation within 60 days. CEC Council met on July 14-15, 2022.

July 8, 2022: In Center for Biological Diversity v. Raimondo, Judge Boasberg (USDC, DC) rules that NOAA regulations do not comply with Endangered Species Act and Marine Mammal Protection Act; ruling requires NOAA to finalize new regulations by 2024.

December 22, 2022: Division JJ of Consolidated Appropriations Act 2023, signed into law Dec. 29, provides regulatory pause for Maine lobster industry, leaving existing right whale rules in place through December 31, 2028; new regulations to take effect then. Links: Text of law; Explanatory statement in Congressional Record; Press release by Maine Congressional delegation; Center for Biological Diversity; reporting by CNN

December 27, 2022: NOAA report finds right whale will remain protected under Endangered Species Act. Links: NOAA webpages on North Atlantic Right Whale

(4) Protection of vaquita porpoise (Mexico)

Link to CEC Registry of Submissions on Vaquita Porpoise

August 12, 2021: Center for Biological Diversity, Animal Welfare Institute, Natural Resources Defense Council and Environmental Investigation Agency submit joint Submission on Enforcement Matters under USMCA Article 24.27 to CEC, alleging that the Mexican government is failing to effectively enforce several environmental laws and as a result has caused the near extinction of the vaquita porpoise (of which only 10 remain). CEC proceeds to examine the submission and Mexico’s response.

February 10, 2022: USTR announces request to Mexican government under USMCA Article 24.29 for consultations concerning Mexico’s USMCA Environment Chapter obligations relating to protection of critically endangered vaquita porpoise (Phocoena sinus), prevention of illegal fishing, and trafficking of totoaba fish (Totoaba macdonaldi). (USTR press release on reactions of US Congress, stakeholders and press) Statement by Mexico’s Ministry of Economy notes receipt of request and states that the Ministry will coordinate Mexico’s response in the consultations.

April 1: Secretariat of the USMCA Commission for Environmental Cooperation (CEC) recommends developing a factual record to explore factors contributing to near-extinction of vaquita porpoise in the Gulf of California in Mexico, responding to Submission on Enforcement Matters submitted on August 12, 2021 by four conservation groups under USMCA Chapter 24. See also CEC press release. See September 13 article on China Trade Monitor website about Chinese demand for totoaba fish bladders for traditional medicine, and its effect on totoaba and vaquita populations; Mexico and China initiatives to crack down on illicit traffic in totoaba bladders; and Mexico-China discussions.

(5) Pollution in Playa Hermosa (Mexico) (Terminated)

Link to CEC Registry of Submissions on Pollution in Playa Hermosa

June 1, 2022: Colectivo Playa Hermosa submits submission under USMCA Article 24.27 to CEC arguing that Mexico is failing to effectively enforce its environmental laws to protect the coastal ecosystem of Playa Hermosa, a local beach located in Ensenada, Baja California, Mexico; submitters assert that state and municipal governments are undertaking a beachfront development project in Playa Hermosa without necessary federal environmental impact permits.

September 2, 2022: Mexican government submission: states that some legal provisions cited in submission do not apply to submitters’ assertions. Also notifies administrative proceedings related to the beachfront development project; administrative and judicial proceedings against Playa Hermosa pollution from wastewater discharge; administrative proceedings on environmental impact; and environmental enforcement actions.

November 4, 2022: Secretariat determines not to recommend preparation of factual record, and terminates the process.

(6) Tren Maya (Mexico)

Link to CEC Registry of Submissions on Tren Maya

July 21, 2022: MOCE Yax Cuxtal, A.C., Grupo Gema del Mayab, A.C., Jaguar Wild Center, Red de Capacitadores Socio Ambientales, Selvame del Tren, Cenotes Urbanos, and 19 individuals submit petition to CEC concerning Mexican government’s Tren Maya (Mayan Train) project in Yucatan, arguing that this project did not undergo an adequate environmental impact assessment (EIA) process. Links: text of submission; CEC press release; docket for this petition; commentary

April 17, 2023: CEC Secretariat recommends developing a factual record to investigate environmental impact assessment procedures for the Tren Maya project, including relevant studies and alleged fragmentation of the environmental impact studies, as well as the change in land use authorization and the implementation of the citizen complaint mechanism in relation to the project. Links: April 25 CEC press release; Secretariat recommendation; CEC registry page on Tren Maya submission.

(7) Madín Dam Basin (Mexico) (Terminated)

Link to CEC Registry of Submissions on Madín Dam Basin

October 26, 2022: Comisión de Cuenca Presa Madín asserts that Mexico is failing to manage wastewater being discharged into waterways, leading to degradation of water quality and levels of pollutants above legal standards. November 25: Secretariat informs submitter that submission does not meet USMCA Chapter 24 criteria. January 17, 2023: Secretariat receives revised submission. February 6: Secretariat determines that revised submission again did not meet USMCA Art. 24.27(2) and (3) criteria, and terminates the process.

(8) Residential Development in San Cristóbal de las Casas (Mexico)

Link to CEC Registry of Submissions on Residential Development in San Cristóbal de las Casas

January 11, 2023: Submitter asserts that Mexico is failing to effectively enforce its environmental laws to protect forest resources, hummingbirds and other endangered birds, in relation to housing developments around San Cristóbal de las Casas, Chiapas, Mexico.

(8) Avocado production in Michoacán (Mexico)

Link to CEC Registry of Submissions on Avocado production in Michoacán

February 2, 2023: Submitter asserts that Mexico is failing to protect forests and water resources in Michoacán from environmental impacts and deforestation caused by the continued expansion of avocado plantations.

(9) Agave and Tequila production in Jalisco (Mexico)

Link to CEC Registry of Submissions on Agave and Tequila production in Jalisco

April 13, 2023: Submission from Mexican citizen asserts that Mexico is failing to effectively enforce its environmental laws to protect water quality from the effects of agave cultivation and tequila production in Jalisco, Mexico. Submission asserts that agave production results in extensive land-use change and deforestation, contributing to desertification and aquifer depletion; also that Tequila factories have no wastewater treatment and Mexico is not enforcing water quality laws. Links: CEC press release; submission

Last update: April 25, 2023