The 1st District Court, based in Mérida, Yucatán, ratified the definitive suspension that prevents the resumption of the construction of the Mayan Train in Section 5 South that goes from Playa del Carmen to Tulum, while it resolves in substance the injunction 884/2022, promoted by three cave divers and environmentalists.
On Monday, July 25th, the resolution of the aforementioned Court was published, dated July 22, in response to what was notified by the National Fund for the Promotion of Tourism (Fonatur), regarding the obtaining of the environmental impact authorization for that part of Section 5, even though the works began before the entry –extemporaneous– of the Environmental Impact Statement (MIA) – and despite the false or incomplete information detected by environmental organizations.
The injunction has claimed the lack of environmental impact authorization to carry out the works, therefore, the Fonatur bet that once that permit was obtained, the trial would be without matter and the court would lift the suspension definitive.
However, the judge, Adrián Fernando Novelo Pérez, ruled that, although he recognizes that the resolution issued by Semarnat is “a supervening fact” – that is, after the acts demanded in the trial – there are several conditions that must be met ” before starting the work in order to safeguard the environment”:
This means that, although Fonatur has delegated responsibility for the works to an individual –such as Grupo México-Acciona– through a tender or to the Secretary of National Defense (Sedena), by canceling the contract with both companies in advance, the Mexican Army will have to abide by the final suspension.
What the judge is saying in this resolution is that Fonatur is responsible for complying, but also for enforcing the suspension and that acts against the suspension are not carried out.
Fonatur cannot blame anyone else. It is Fonatur that is going to be fined and sanctioned if this suspension fails to comply.
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