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SWCA10 March 2016
Ricardo Montijo(626) 318‐1274
Environmental Regulation and Permitting
A Comparison of US and Mexico Environmental Review Processes
Regulatory Driver in the US• National Environmental Policy Act (42 U.S.C. 4331 et seq.)
o State Processes (here in California CEQA Cal. Pub. Res. Code § 21000 et seq.)
Regulatory Driver in Mexico• Ley General de Equilibrio
Ecológico y Protección al Ambiente (LGEEPA)
o State Environmental Processes
NEPA Process• Notice of Intent
o Filed by the “Lead Agency”
• Scopingo To determine the range of issues (30 to 90 days)
• Environmental Document Preparation
o Lead Agency is responsibleo Varies (EIS vs. EA and FONSI), but often a year or more
LGEEPA Process• Preventive Notice
o Filed with SEMARNAT or ASEA
• Scoping o Determine if a project requires a Environmental Impact Manifest (30 days)
• Environmental Document Preparation
o Project proponent is responsibleo Varies with complexity of issues examined, but typically a year
Public Involvement in the US• Public Circulation of Environmental Document
o Mandatoryo For at least 45 dayso It takes 15 to 45 days to incorporate comments
o Waiting Period of 30 days to file the Record of Decision (42 USC § 4331 and 42 USC § 4345)
Public Involvement in Mexico• Public Engagement
o Optional and requires a request from a private party
o 20 dayso Reviewing agency may request that the project proponent publish a notice in newspapers
o Public has 10 days to request access to the MIA
o In specific cases (public health hazards) the reviewing agency may require a public meeting
1. Unconditional authorization of the project
or activity in question, as proposed,
evaluated and mitigated in the supporting
MIA;
2. Conditional authorization with additional
measures that avoid, mitigate or
compensate for adverse environmental
impacts; or,
3. Denial of the authorization when:
• It contradicts Mexican law;
• The work affects a protected species, or
can lead to the declaration of a species as
threatened or endangered; or,
• Information provided by the applicants
misrepresents the project and its
associated impacts.
File Integration and Delivery to SEMARNAT Working Day 0 to 10
Request for Public Comments
Working Day 10 to 20
MIA EvaluationWorking Day 10
to 60
Deadline for Additional Information Request
Working Day 50
SEMARNAT Decision
Deadline Working Day 60
(SEMARNAT may add an additional
60 days for complex projects)
Typical MIA Review Process
Additional things to know about Mexican Environmental Review Process • Like NEPA and CEQA the Review Includes
o Climateo Geology and geomorphology o Hydrology and groundwatero Biologyo Landscapeo Socio‐economicso Hazardous Wastes
• Excludeso Paleontological Resourceso Cultural Resources
• Unique to Mexicoo Social Impact Analysis
A Brief Discussion on Impacts and Mitigation