The ABCs of Environmental Impact Assessment
Environmental impact assessment is one of the main tools of environmental policy in Mexico and globally for several decades. Both federal and local legislators have determined the cases in which certain works and activities must undergo this procedure, through an Environmental Impact Statement (EIS), a technical-legal document that is presented preventively before the development of the project in question to the environmental authority.
Article 3 of the General Law of Ecological Balance and Environmental Protection (LGEEPA) defines the EIS as a document through which, based on studies, the significant and potential environmental impact that a work or activity would generate is made known, as well as how to avoid or mitigate it if it is negative.
The types of projects that will be subjected to Environmental Impact Assessment at the federal level, as can be assumed, are those of greater scope in terms of magnitude and number of environmental impacts. The LGEEPA requires the presentation of an EIS to SEMARNAT in the following projects: industrial parks where highly risky activities are developed, projects of the entire value chain of the hydrocarbon sector (from extraction and refining to the retail of fuels), conventional and renewable electricity generation projects, mining, hazardous waste treatment, port or air infrastructure, aquaculture projects, tourist or residential projects on coasts, wetlands, or in general, any that require the removal of forest vegetation, among several others.
Similarly, state laws subject to environmental impact assessment projects that are considered to have a significant impact on the environment and that, of course, are not the exclusive competence of the federation. Such is the case of industrial parks that do not develop highly risky activities, mining deposits of construction materials, treatment of special management or urban solid waste, shopping centers, residential areas, among others.
When planning the start of a project and the preparation of an EIS, it should be taken into account that:
- It is advisable to have a technical and a legal advisor;
- It is necessary to carry out an environmental feasibility analysis of the project prior to carrying out the studies that comprise the EIS;
- EISs are usually conditioned to various environmental obligations that must be met for the construction phase, project execution, and closure and abandonment. Hence, the monitoring of conditions is extremely relevant throughout the life of the project; and
- Modifications or expansions of the project must always be informed to the authority, however simple they may seem. This will avoid sanctions from the authority and tortuous regularization processes in the future.
To delve into each of these points, you can visit the blog: https://carlosdelrazo.com/2022/10/28/cinco-aspectos-a-considerar-al-realizar-una-manifestacion-de-impacto-ambiental-mia/
