The definitive suspension was granted thanks to the fact that Semarnat itself recognizes that there will be damage to the ecosystem with the Santa Lucia airport
The tenth district judge of the State of Mexico granted a definitive suspension against the environmental impact authorization issued by the Semarnat for the construction of the Santa LuciaInternational Airport.
The # NoMásDerroches collective filed an Amparo trial following the provisional suspension against the environmental impact authorization.
The definitive suspension was granted thanks to the fact that in the document, the Semarnat itself acknowledges that with the execution of the Santa Lucia project, damages and damages to the current ecosystem of the regions that will impact the airport work will be caused.
Some of the damages include logging and pruning of vegetation; displacement and relocation of flora and fauna; inhibition in water filtration and therefore the decrease in water collection; increase of air pollution, and in general, imminent damages of difficult repair to the detriment of the communities by modifications to the surroundings.
“The purpose of the suspension is to guarantee the protection of the environment of the regions affected by the airport project and safeguard the integrity of the ecosystem,” said Mexicanos contra la Corrupción , one of the organizations that promoted legal action against the airport of Santa Lucia. .
Texcoco, between tantrums and laws
The Fifth District Judge in Administrative Matters of Mexico City, Juan Carlos Guzmán, made a decision last week whose high politicization conceals its scope. One of them could be that the new Mexico City airport in Santa Lucia, one of the four major infrastructure projects of President Andrés Manuel López Obrador, is never built. The other could be that the airport canceled in Texcoco could be revived as a work at some time. The fate of these works does not go through politics. In fact, the political decisions of López Obrador, bypassing the Constitution, are the ones that have put Santa Lucia in a breach. At the same time, the Judiciary has been benevolent with him. No matter what he does with the law, they have turned a blind eye.
Judge Guzmán issued two resolutions in the ruling of an Amparo of the #NoMasDerroches collective, where he suspends any work in Saint Lucia until determining whether the government’s decision, as stated in article 134 of the Constitution, “complies with the constitutional principles of efficiency, effectiveness, economy, transparency, and honesty in public spending ”, and that while it is tested cancels the dismantling of the works in Texcoco. The President’s reaction was once again political and media, but legally erratic. “It’s legal sabotage,” he described the judge’s action, implicitly accusing him of acting illegally. But these skirmishes give us clear scenarios, the policy against the law, and vice versa, the law against politics.
The Amparo against Santa Lucía is part of the strategy of the #NoMasDerroches collective, headed by Causa en Común, the Mexican Commission for Human Rights, Coparmex, the General Council of Mexican Advocacy, Mexicans Against Corruption and Impunity and Mexico United Against Crime, to which civil organizations, law firms and, as they claim, “hundreds of citizens” have joined. In the political field, they are probably the ‘number one enemies’ of President López Obrador, and his strategy is made up of 147 Amparo lawsuits to review the legality of the cancellation of Texcoco and ensure that the Santa Lucia project has all the environmental opinions and permits required.
According to Judge Guzman, the government must determine whether it acted on the grounds that Texcoco did not meet all the precepts indicated in constitutional article 134. According to the Secretariat of Communications and Transportation so, and has published on its Home the Internet a long argument about why the President canceled Texcoco. All its technical, environmental and financial statements were denied by the authorities of the past administration. This document is full of subjective and qualifying assessments, aligned in his rhetoric to López Obrador’s speech, contrary to that of the agency, that he was canceled for acts of corruption.
In any case, as stipulated in article 134, technical instances will evaluate the results of the exercises; that is, the cancellation of Texcoco and the construction of Saint Lucia. A lawyer commented that nobody is going to audit the President, so everything he says will not be taken into account by the Judiciary, which has been consistent in his omissions on the Executive. At no time has he raised alarm, concern or estrangement for his constant violations of the law, as perhaps in the most notable, submit to Congress a National Development Plan without complying with the legal foundations? López Obrador has no problem in this regard. Having controlled Congress, he does what he wants with the legislature and the laws. Having frightened the judiciary, neutralizes the other counterweight. As the lawyer added,
This is probably what will happen with Texcoco, where the technicians will review the allegations of the two parties to make their decision. In the case of Saint Lucia, as one observer of the industry suggests, the Ministry of Communications and Transportation would do well to begin preparing a scenario before the possibility of losing the protection on that work. Recently the Ministry of Environment and Natural Resources authorized an environmental impact permit for 28 years for the construction of Saint Lucia, but subject to the National Defense Secretariat, responsible for the work, expand their studies, because the first one who delivered He had 52 errors, according to the Mexican Academy of Environmental Impact.
The government does not pass that obstacle yet, which would be the first. In accordance with the constitutional 134, the Ministry of Communications and Transportation must also prove that the work is efficient, effective, transparent and honestly in public spending. Efficient and effective remains to be seen in the final study, but the official information so far indicates that the goals originally set for increasing passenger capacity are below what was announced. The final result of the study on the simultaneity of operations with the Benito Juárez International Airport is also unknown, which according to the international consensus is not possible. Transparency is in question, as the government is evaluating considering the work of Saint Lucia a national security issue, which could keep everything opaque.
If Texcoco dies definitively, the fate of Saint Lucia will not be decided by discard. The Secretary of Communications and Transportation, Javier Jiménez Espriú, will have to provide the complete technical, environmental and financial information that complies with the provisions of constitutional 134. Otherwise, it will be the big fiasco, not for the secretary, but for the President.
Source: lopez doriga, el financiero
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