Judge Orders Demolition of Tulum Condo After Profepa Oversight Failures

TULUM, Quintana Roo — A federal judge has handed down a landmark ruling that forces the demolition of the Adamar, a seven-story development in Tulum’s Soliman Bay, after exposing significant shortcomings from the Federal Attorney for Environmental Protection (Profepa) in enforcing environmental laws.

The ruling stems from an injunction filed by citizens, supported by Defendiendo el Derecho a un Medio Ambiente Sano (DMAS), and confirms Profepa’s failures to supervise and enforce restoration measures, despite evidence of 731.8 square meters of dune ecosystem damage. The judge has not only ordered total demolition but also mandated immediate site restoration to its original ecological state and affirmed Profepa’s responsibility to oversee the process—not delegate it to the developer.

Key Findings and Missing Oversight

In June 2024, Profepa had determined that Desarrollos Tulum Dieciséis caused considerable harm to coastal dunes and imposed fines while ordering restoration. Yet, Semarnat had denied the developer’s environmental impact request, which was necessary before construction began. Despite this, construction continued, and Profepa failed to ensure restoration compliance. The lack of follow-through prompted a citizen’s amparo that led to the recent court order. 

Ruling Forces Action and Sets New Precedents

The August 14 decision compels Profepa to collect an estimated 1.4 million pesos in outstanding fines and proactively initiate demolition of the condominium. Profepa must also supervise restoration and pursue a criminal environmental complaint. DMAS attorney Mónica Huerta emphasized that the environmental damage and habitat loss warrant full enforcement. She added that the decision reaffirms the constitutional right to a healthy environment and underscores the precautionary principle, requiring compliance even amid scientific uncertainty. 

A Stronger Foundation for Environmental Accountability

This ruling is a significant milestone for environmental justice in Mexico. It not only protects one of Mexico’s most vulnerable coastal ecosystems—one adjacent to the vital Xcacel-Xcacelito sea turtle sanctuary—but also empowers communities to demand accountability when development projects harm the environment. Legal experts see the case as a precedent that could embolden similar challenges nationwide. 

The ruling not only benefits the citizens who filed the injunction, it also sets a legal foundation for other communities to demand firm actions from authorities in cases of ecological damage. Activists point out that this precedent strengthens the fight for the protection of coastal ecosystems and demonstrates the necessity of demanding greater responsibility from Mexican environmental authorities.