Calica’s Legal Battle Unleashed – What You Need to Know

Calizas Industriales del Carmen (Calica) recently obtained an injunction which only allows the company's case to proceed through its various stages. While a federal court has granted the company some legal protection, this does not permit Calica to resume its extraction activities. Furthermore, the resolution does not halt or conclude the administrative procedure led by the Federal Attorney for Environmental Protection (Profepa) in the Solidaridad municipality.

This provisional ruling from the First Collegiate Court of Quintana Roo enables the company to progress its case through different stages, pending a definitive suspension in the injunction case.

The environmental measure, which ordered a halt to extraction activities, was due to Calica's failure to change land use in forest areas and provide a technical justifying study to the Secretary of Environment and Natural Resources. The company's non-compliance was deemed a violation of the general laws of Ecological Balance and Sustainable Forest Development, specifically those relating to land use changes.

Calica is accused of causing environmental damage to the ecosystem by mixing saltwater and freshwater during limestone extraction. The District judge's resolution upheld the application of the principle "in dubio pro natura", which means that in case of doubt, the rule is to favor the protection and conservation of the environment.

The same ruling validated the refusal to continue with stone extraction but did not make any statement to suspend the administrative resolution to preserve the subject of the trial. Calica argued that the federal judge had unconstitutionally and illegally halted the procedure, which was improperly founded and motivated, thereby harming social interest and the right to a healthy environment.

In Calica's defense, it was argued that if the alleged violations against it continue, and the stages of the case are suspended, the raised unconstitutionality will not be effectively and timely studied. The ruling allows the company to provide evidence and make allegations prior to Profepa's conclusion of the procedure.

The judges clarified that the environmental authority may order any security measures provided for in the General Law of Ecological Balance and Environmental Protection, in a legally founded and motivated manner. They also noted that before a sentence is issued, it is advisable to have completely cleared and resolved any prior issues.

The procedure is part of file PFPA/4.2/2C.27.2/1028-2024, ordered by the general director of Forest Inspection and Surveillance of the Deputy Attorney for Forest Resources, and notified to the company on August 15th. The lands in question belong to the subsidiary of American Vulcan Materials, but are part of a protected natural area of 53 thousand hectares of the municipalities.