Supreme Court of Justice
Residents of Laguna del Carpintero
Government of Mexico
Residents of Laguna del Carpintero, in the Municipality of Tampico, Tamaulipas, brought forward a case arguing that their right to a healthy environment (R2HE) had not been respected as a consequence of the development of an Ecological Theme Park project. The case was based on evidence that the theme park would result in impacts to the existing local mangrove swamp.
The district judge initially ruled that the Petitioners lacked standing to proceed with the amparo trial, citing their failure to establish a legitimate interest in challenging the claimed acts. The judge deemed the interest as simple rather than diffuse, and asserted that there was insufficient evidence linking the construction of the Park or the mangrove deforestation to a direct impact on the Petitioners’ fundamental rights to health or the environment. Subsequently, the Petitioners filed an appeal.
The Supreme Court overturned the lower court’s decision, emphasizing that all authorities have a duty to provide maximum protection to the R2HE within their jurisdiction. Consequently, the Court ordered the suspension of the Ecological Theme Park project and the immediate revocation of any permits or authorizations granted for its construction. Furthermore, the Court mandated the implementation of a Recovery and Conservation Project for the affected mangrove area to restore the ecosystem and its environmental services. To ensure compliance, the responsible authorities were instructed to submit detailed bimonthly reports to the court.