ENVIRONMENTAL JURISDICTION

Environmental jurisdiction is divided among the Federal Government, States and Municipalities in the following way:

1. Formulation and supervision of national environmental policy

2. Regulation of actions for preservation and restoration of zones under Federal jurisdiction.

3. Zones under Federal jurisdiction that are impacted by other countries

4. Zones under Federal jurisdiction that impact other countries

5. The issuing of Official Mexican Standards and oversight to compliance of them

6. High risk activities and the generation, handling, and disposal of hazardous wastes (see lists of high risk activities)

7. Participation with the States in the prevention and control of emergencies and environmental contingencies

8. Establishment, regulation, administration and oversight of Protected Natural Areas

9. Formulation, application, and evaluation of general environmental regulation programs

10. Evaluation of environmental impact of the following works and activities (art 28 LGEEPA) ? these require an environmental impact study

1. Formulation and supervision of State environmental policy
2. The application of the instruments of environmental policy detailed in the local Laws on the subject, as well as the preservation and restoration of the environment on property and zones under state jurisdiction when they are not expressly designated as under Federal jurisdiction
3. Prevention and control of atmospheric contamination generated by stationary and mobile sources not under Federal jurisdiction
4. Activities not considered as high risk (art 149 LGEEPA) ? The States will coordinate with the Federal and Municipal governments (see lists of high risk activities)
5. Establishment, regulation, administration and oversight of protected natural areas designated as such under State legislation with the participation of Municipal governments
   Regulation for recycling, transporting, storage, handling, treatment and disposal of solid and industrial waste not considered dangerous under Art 137 LGEEPA ? under State, Municipal and NOMs (Official Mexican Standards)
6. Prevention and Control of contamination from noise, vibrations, thermal energy, illumination, electromagnetic radiation, and odors from Industrial establishments and not under Federal jurisdiction ? under State, Municipal and NOMs (Official Mexican Standards)
   Regulation, prevention and control of contamination of State waters, as well as Federal waters assigned to them
7. Formulation, issuing, and execution of general, regional, local and marine programs with the municipalities
8. Prevention and control of contamination from materials not under Federal jurisdiction consisting of natural materials used in construction
9. Attention to matters that affect the environment in 2 or more municipalities
10. Attention to environmental emergencies and contingencies
11. Oversight to compliance of NOMs (Official Mexican Standards)
12. Supervision of State environmental information policy and data
13. Promotion of the participation of society in conformity to the Law
14. Evaluation of environmental impact of projects or activities not reserved to the Federal government
15. The functions transferred or assigned by the Federal Government (Art 11 LGEEPA ? through agreements between the Federal, State and municipal governments
    Formulation, execution, and evaluation of State environmental programs
16. Issuing of recommendations to the appropriate authorities
17. Attention coordinated with the Federal government that affect the environment of 2 or more States
18. Attention to other matters related to preservation of the environment not specifically under Federal jurisdiction

1. Formulation and supervision of Municipal environmental policy
2. The application of the instruments of environmental policy detailed in the local Laws on the subject, as well as the preservation and restoration of the environment on property and zones under municipal jurisdiction when they are not expressly designated as under Federal or State jurisdiction
3. Application of legal provisions for atmospheric contaminated from stationary sources that are mercantile or services establishments ? as well as from mobile sources not considered under Federal jurisdiction
4. Application of the law for effects on the environment caused by the generation, transport, storage, handling, treatment, and disposal of solid and industrial wastes not considered as hazardous (NOMs)
5. Creation and administration of environmental areas such as parks, gardens, and other areas
6. Prevention and Control of contamination from noise, vibrations, thermal energy, illumination, electromagnetic radiation, and odors from stationary sources and not under Federal jurisdiction ? (Official Mexican Standards)
7. Regulation, prevention and control of contamination from waters discharged into Municipal drainage or sewer systems as well as national waters assigned to them
8. Control and oversight to use and change of ground use
9. Preservation and restoration of environment in population centers related to the effects from the services for sewage, cleaning, markets, warehouse centers, cemeteries, grading, local traffic and transport not under State or Federal jurisdiction
10. Attention to matters that affect 2 or more municipal governments
11. Participation in environmental emergencies and contingencies
12. Oversight to the compliance to Official Mexican Standards
13. Formulation and leadership of municipal policy for information and data
14. Participation in the evaluation of environmental impact of projects or activities under State jurisdiction
15. Attention to other environmental matters assigned by the LGEEPA not specifically designated to the States or the Federal Government
     

?        Hydraulic projects, general routes of communication, oil pipelines, natural gas lines, coal lines, and multi-use lines;

?        The petroleum, petrochemical, chemical, iron and steel, paper, sugar, cement and electric industries;

?        The exploration, exploitation, and utilization of minerals and substances reserved to the Federation under the terms of the Mining Laws and Regulations of Article 27 of the Constitution on nuclear material;

?        Installations of treatment, confinement, or elimination of hazardous materials, such as radioactive wastes;

?        Forest utilization in tropical forests and species that are difficult to regenerate;

?        Changes of soil use in forested areas, as well as jungles and arid zones;

?        Industrial parks where highly hazardous activities are possible;

?        Real estate developments that affect the coastal ecosystems;

?        Works and activities in tropical zones, swamps, lagoons, rivers and estuaries connected to the sea, as well as in coastal or Federal zones;

?        Works in protected natural areas under Federal jurisdiction;

?        Works and activities in protected natural areas under Federal jurisdiction;

?        Fishing, aquatic, and agricultural activities that may place in danger the preservation of one or more species or cause damage to the ecosystems, and

?        Projects or activities under Federal jurisdiction, that may cause grave or irreparable ecological imbalances, damage to the public health or to the ecosystems, or exceed the limits and conditions established in the legal provisions

11. The regulation of sustainable utilization, protection and preservation of national waters, biodiversity, fauna and all other national resources

12. Regulation of Contamination of the Atmosphere from all types of emissions, as well as prevention and control in Federal zones from stationary or mobile sources

13. Development of the application of technology, equipment and processes with the States and municipalities

14. Activities related to exploration, exploitation, and mining of minerals, substances and National resources of the subsoil

15. Promotion of national participation of society in Environmental matters

16. National system of Environmental information and Natural resources

17. Issuing of recommendations to Federal, State and municipal authorities

18. Oversight and promotion of compliance  of this Law and all other environmental legislation.

19. Attention to matters that affect 2 or more states

20. All others that this law and other Federal legislation require