From Hector Sanchez Fernandez of GT Mexico City

On June 6, the General Law of Climate Change appeared in the Federation Official Gazette (Diario Oficial de la Federaciòn).  Read it here.       

The Law provides for the establishment of the National Institute of Ecology and Climate Change (“INECC”) as a public agency of the Mexican federal government, to be directed by a governing board of six experts, called Social Counselors.  INECC will develop a permanent system to analyze sustainable development and energy projects and will promote cooperation among federal, state, and municipality authorities. This Institute will have an Evaluation Department headed by an expert in environmental and climate change matters that will review projects and file recommendations.   

The approved Law also seeks to encourage new private production of electricity using renewable energy technologies and cogeneration and also seeks to control emissions of pollutants.   

A Climate Change Fund will be created from national and international public and private sources to support the implementation of climate change actions and projects. 

The Law sets requirements for mandatory emissions measurement, reporting and verification; the failure to meet these periodical reporting requirements will result in fines and penalties between five hundred and ten thousand times the daily general minimum wage in Mexico City (62.33 pesos / US $4.30).  

The Federal Attorney for Environmental Protection (“PROFEPA”) will be the responsible authority for determining and imposing sanctions, and will have authority to pursue civil and criminal enforcement.  

The Law sets a national goal to reduce emissions with respect to current baseline by 30 percent by 2020 and 50 percent below 2000 levels by 2050.  

In addition, the Law provides that at least 35 percent of the country’s electricity shall come from alternative sources by 2024. 

The new law also addresses the specific problem of deforestation, seeking to move towards a rate of 0% carbon net loss from forest ecosystems. 

The Law calls for development of a new National Climate Change Strategy by 2013, with specific goals for 10, 20 and 40 years into the future (revised at least every 10 years for mitigation, and every six years for adaptation, without permitting target reductions).  The Law calls for creation of a new Special Program on Climate Change to be renewed with each six year term,  and state and municipal Programs on Climate Change. 

The current Special Program on Climate Change 2009-2012 can be viewed here. 

To review the current National Climate Change Strategy from 2007 click here. 

To review the Executive Summary in English of that 2007 National Climate Change Strategy, click here. 

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Photo of David Mandelbaum David Mandelbaum

David G. Mandelbaum represents clients facing problems under environmental laws. He regularly represents clients in lawsuits and also has helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. A Fellow of the American College of Environmental Lawyers, David teaches Superfund, and…

David G. Mandelbaum represents clients facing problems under environmental laws. He regularly represents clients in lawsuits and also has helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. A Fellow of the American College of Environmental Lawyers, David teaches Superfund, and Oil and Gas Law in rotation at the Temple University Beasley School of Law as well as an environmental litigation course at Suffolk (Boston) Law School.

Since United States v. Atlas Minerals, the first multi-generator Superfund contribution case to go to trial in 1993, Mr. Mandelbaum has been engaged in matters involving allocation of costs among responsible parties, especially under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  He has tried large cases and resolved others as lead counsel.  He has written, spoken, and taught extensively on the subject.  More recently he also has been engaged to assist lead counsel from this firm and others:

  • to develop cost allocation methodologies;
  • to craft expert testimony in support of a favored methodology (given a definition of “fairness,” why one methodology better tracks it than another);
  • to develop efficient case management approaches; and to assist private allocation as part of the neutral team.

Concentrations

  • Air, water and waste regulation
  • Superfund and contamination
  • Climate change
  • Oil and gas development
  • Water rights