Supreme Court of Justice
Residents of San Andrés Mixquic, Mexico City
Federal authorities of Mexico City
A group of residents from San Andrés Mixquic, Mexico City, filed a petition of amparo against the failure of various federal and Mexico City authorities to take all necessary measures to ecologically restore and clean the channels of the San Andrés Mixquic town. This damage primarily resulted from the discharge of wastewater from the Ameca River.
The district judge overseeing the case granted amparo to the residents of Mixquic. Several authorities filed appeals against this decision. The collegiate court reviewing the case requested that the Supreme Court of Justice hear the case.
The Supreme Court decided to exercise its power of attraction. The main issue to be determined was whether the responsible authorities had failed to take all necessary measures to restore and clean the channels of San Andrés Mixquic, specifically those of the San Miguel neighborhood, and based on this, to ascertain if there had been a violation of the right to a healthy environment (R2HE).
The appealed judgment was modified primarily for the following reasons.
On one hand, amparo was denied against one authority because the acts fell outside its sphere of competence, and against another authority because it demonstrated that it was not negligent in exercising its environmental protection powers.
On the other hand, amparo was granted because it was determined that various authorities in Mexico City violated the R2HE of the residents of San Andrés Mixquic. This was evidenced by the high level of pollution in the area’s channels and the failure of the designated authorities to take all possible measures, up to the maximum available resources, to prevent and control water degradation processes; to ensure that wastewater discharges complied with current regulations in terms of quantity and quality; and to carry out the necessary corrective actions to clean up the water in the channels. This situation was exacerbated by the fact that the area was declared a World Cultural and Natural Heritage Site by UNESCO.