The First District Court based in Yucatán issued a new definitive suspension that orders the stoppage of the works on section 5 of the Maya Train, between Playa del Carmen and Tulum.
This was confirmed by José Urbina, alias Pepe Tiburón, one of the most visible environmentalists of the Sélvame del Tren Movement who has documented the irregularities in the construction of this federal government project.
The activist recalled that the government is flouting a previous suspension granted in January of this year in the same section, which without any legal argument, “they have simply shown absolute disinterest and have continued the works in flagrant violation of the court order,” he said.
The new suspension derives from appeal 821/2022 which was dismissed two years ago by this same court, but after an appeal for review, said request for protection was expanded to no longer only refer to the lack of permits for the clearing of the jungle in the section 5 of the Mayan Train, but rather the driving of piles into the caverns that abound in that area and the spilling of cement into those cavities without the application of the corresponding mitigation measures.
These new data do not derive from evidence provided by environmentalists, but from the Federal Attorney for Environmental Protection itself, which through a collective complaint promoted by activists was forced to prepare a report on the irregularities found in the drilling of the cave system. underground on which the Mayan Train runs.
Thus, following the principles of in dubio pro Natura, prevention, and precaution, the judge hears the appeal for review promoted by the environmentalists and grants the suspension that had been denied to them in 2022.
“In the present matter it is proven that if the claimed act is carried out, that is, the construction work on the Cinco Sur section of the Mayan Train public works is continued, damage that is difficult to repair and could be irreparable would be caused,” reads the article. the court’s resolution.
In the report considered by the judge to take these measures, it is stated that “in response to various complaints presented to this Attorney General’s Office regarding the cement spill in caverns that cross-section 5 South, a verification visit was carried out; In this inspection, the conditions of the environmental impact authorization of June 20, 2022 were verified, including condition 26; detecting in this verification the following:
– Stirring trucks and washing the stirring pot in unauthorized places.
-Cement spills in caverns called Garra de Jaguar, which solidified in the dry areas and fell into the body of water present in the affected caverns.
Also in the process of oxidation in an unnamed vertical shot.
-The collapse of the roof or vault of an unnamed cenote.
-Topoform modification of the caverns by drilling the stone material for the construction of the piles.
-Extraction of water without authorization from the competent authority.
-Filling and burial with stone material from unnamed caverns located at the height of the Manitas cenote.-Remains of stone material derived from drilling arranged in the aquifer mantle of a cavern.
The report itself certifies that what was found during the visit to the Mayan Train works allows them to verify the violation of condition 26 of the Environmental Impact Statement that was granted to the project by the Ministry of Environment and Natural Resources.
This condition establishes that the promoter, that is, Fonatur-Tren Maya, “will not be able to dump the material resulting from cuts and excavations and/or the product of the works and/or activities of the different stages, in runoff areas. surface and/or sites that support forest vegetation, as well as pouring or discharging any type of polluting and/or toxic materials, substances, or waste that may alter runoff conditions. Cover, fill, and/or obstruct cenotes, caverns, sinkholes, poljes, streams, rivers, etc., within the SAR, AI, and project site, with any material or waste resulting from the construction of the project.
In this regard, activist José Urbina said that given the disregard for legal remedies that the Federal government has flagrantly violated in the past, they do not expect this resolution to be complied with on this occasion, but rather that it can be forced to do so through forceful action by the Public Ministry since the acts complained of also merit prison sentences for those found responsible.
TYT Newsroom
