If the suspension is maintained, Colín Hinojosa argued, public order and social interest would be affected to a greater extent compared to the impact that would be caused to the environment and to the complaining divers, who processed the amparo 884/2022 against the construction of infrastructure, removal or destruction of the biodiversity of the land on which said section is projected.
However, on July 22, Adrián Fernando Novelo Pérez, first district judge in Yucatán, determined to maintain the suspension due to the possibility of an irreversible environmental impact.
The foregoing because Fonatur Tren Maya only presented the resolution through which it is reported that the General Directorate of Environmental Impact and Risk (DGIRA) of the Ministry of Environment and Natural Resources (Semarnat) approved the project, but not documents such as the project neither the specific environmental mitigation programs that were imposed as prerequisites to the start of the works.
“The truth is that said authorization was issued in a conditional manner, and among the established conditions there are several in which it is expressly established that they must be satisfied prior to the start of any work or activity of the aforementioned project, in order to safeguard the environment of the area”, reads the resolution consulted by Political Expansion.
The judge explained that 26 conditioning prevention and mitigation measures were established in order to avoid, mitigate or compensate for adverse environmental impacts that could be produced in the preparation, construction, normal operation, abandonment stage, end of the project’s useful life. , or in case of an accident.
The presentation of three of them before the DGIRA were established as requirements prior to the start of the work. The first are the definitive executive projects of the works associated with the project – railway stations, maintenance base, hillside, pedestrian walkways, vehicular crossings, among others. The second, specific programs such as comprehensive waste management, soil conservation and reforestation, air quality, management of flora and fauna, chasing away, rescuing and relocating wildlife.
The third, the Technical Economic Study (ETE) where the costs of carrying out the mitigation control and environmental compensation strategies established for the project are supported, including a breakdown of the amount per annuity that is required to carry out each and every one of the environmental actions, considered in this decision, as well as the prevention, mitigation and compensation measures, proposed in the Environmental Impact Statement.
“This judge considers that if the authorization of the environmental impact statement was approved in a conditional manner and for this reason the requesting authority was subject to comply with a series of conditions, within which there are several that must be satisfied in advance. at the beginning of the works of the attention project, this, with the purpose that before such works begin, it is duly ensured that no damage will be caused to the environment or, if applicable, that if it is generated, it will have the least possible impact and can be mitigated or compensated as stated; It is evident that, as long as compliance with all the requirements established in the authorization such as those that must be satisfied prior to the start of the works is not proven, there is still a risk that if the authorities executing the project initiate or If the works continue, damage to the environment could be caused that is not likely to be repaired due to the lack of some measure that should have been previously fulfilled for it, “says Novelo.