Puerto Vallarta, Jalisco — The Ministry of Environment and Natural Resources (Semarnat) is challenging a real estate ruling to build. The federal agency says they are challenging a ruling that would grant environmental immunity to a mega-tourism project in Puerto Vallarta.
According to Secretaría de Medio Ambiente y Recursos Naturales (Semarnat), the Harbor 2 project, which consists of six towers and nearly 1,000 apartments, lacks environmental authorization.
Semarnat says if the ruling is upheld, it would open a path to evade environmental legislation. Semarnat filed an appeal with the Federal Judiciary against the ruling issued by the Second Specialized Chamber for Environmental and Regulatory Matters of the Federal Court of Administrative Justice, which allowed the development of the Harbor 2 tourism project without undergoing an environmental impact assessment.
If this decision is upheld, the project would become an exceptional case in the country, as the real estate project could be built and operated without environmental authorization.
It also means it could be built without the possibility of inspection, which would mean environmental impunity contrary to the principle of legality and the obligations of the Mexican State regarding environmental protection
The Harbor 2 development consists of the construction of six 25-story towers, with approximately 1,000 apartments, underground parking, commercial and recreational areas.
The massive mega-real estate project is set for constructio on an 18,000 square meter plot in the coastal area of Las Glorias, Puerto Vallarta, Jalisco, a marine-coastal ecosystem of high environmental and social relevance
Semarnat warned that the administrative tribunal’s action, in validating the company’s irregular procedures, jeopardizes the proper application of environmental laws and contradicts the human right to a healthy environment.
Furthermore, it noted that on two occasions Semarnat was prevented from presenting arguments, violating its right to a hearing and due process.
In its appeal, the Secretariat emphasizes that a decision of this nature weakens the principles of prevention, intergenerational equity and sustainability that underpin the national environmental policy.
It also warns that the precedent could open the door for other developments to attempt to evade environmental assessment through irregular administrative mechanisms
Therefore, the agency requested the Eleventh Collegiate Court for Administrative Matters in Mexico City to overturn the ruling and avoid a precedent that weakens the application of environmental legislation or generates impunity through procedural fraud.
Semarnat reaffirms its commitment to legality, transparency, and the protection of the country’s coastal ecosystems, as well as society’s right to a healthy environment.
