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Mexico Constitutional Appeal to Protect Mangroves in Laguna del Carpintero Case

Mexico
National
Approved in 2016
Case
Eco-Governance System
Mangrove swamp located in the Laguna del Carpenter
Marine Ecosystem
Resident of Tampico, Tamaulipas in Mexico
Civil Society

Summary

In 2016, a resident of Tampico, Tamaulipas in Mexico filed an amparo (a constitutional appeal), arguing that the development of a park project called Parque Ecological Theme Laguna del Carpintero violates articles 1, 4, and 16 of the federal constitution because it harms the mangrove swamp located in the Laguna del Carpenter. The court declared that “in light of the precautionary principle, the State Mexican has determined that any activity carried out in wetland areas requires special protection,” especially since white, black, and red mangroves are endangered species. Since the municipality of Tampico, Tamaulipas did not get an environmental impact statement, the court declared the municipality put the ecosystem at risk, directly contravening the precautionary principle, in dubio pro natura, and the principle of non-regression. The court also said the municipality “failed to fulfill its duty as guarantor to consider that their human right to the environment is violated and grant the constitutional protection.” Thus, the court concluded that the municipality violated articles 4, 14, and 16 in the constitution.

To see the original legal document(s) for this initiative, click the links below:

Constitutional Appeal to Protect Mangroves in Laguna del Carpintero [PDF]

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