Court Orders Demolition of Tulum Resort

TULUM, Q.R. — A federal court has ordered the Federal Attorney for Environmental Protection (Profepa) to guarantee environmental restoration in Tulum concerning the Adamar case, explained Mónica Huerta, a member of the Right to a Healthy Environment Association (DMAS). The ruling stipulates that the construction must be demolished and the ecosystem restored.

"The ruling reaffirms that the right to a healthy environment must be protected with immediate actions… it incorporates international principles such as that of environmental protection, which obligates authorities to act when there is uncertainty regarding the risk of irreversible damage," stated the environmentalist at a press conference.

This case, she said, could open the door for other citizens to file injunctions, as it is reinforced by the criteria outlined by the Supreme Court of Justice of the Nation regarding the collective interest citizens have, allowing any person to access the defense of a healthy environment. This applies not only to citizens but also to organizations like DMAS that support the defense of the environment.

"This ruling reminds us that the environment is a right for everyone and an obligation of the State to guarantee it for future generations, and for present ones… Profepa must oversee the demolition of this construction," she indicated.

For the execution of this sentence, she specified, they must wait for it to become final, as they only learned of the ruling on Friday, August 15. There is a 10-day period in which it must be complied with; if the responsible authorities, in this case Profepa, do not file a motion for review within that time, then the sentence becomes final and they are obligated to comply.

Adamar is a residential complex of 24 apartments and penthouses that was built in Soliman Bay, in the Tankah zone of the Tulum municipality.

The environmentalist pointed out that it is important to consider the following points: first, in the event that the imposed fine has become final, meaning it has not been challenged by any legal recourse or means of defense, the necessary steps must be taken to verify the enforced collection of said measure.

Second, authorities must obtain the procedural status of the complaint filed with the federal Public Prosecutor's Office and, if applicable, report on the actions Profepa took with the technical investigation unit for the integration of the corresponding administrative case file.

They must also carry out the necessary actions ex officio to monitor compliance with the restoration measure and the work that will need to be performed to verify its execution, always safeguarding the environment.

"Regarding the present effect of the granting of the injunction, the responsible authority is granted a maximum period of 35 business days for compliance, counting from the day after the notification takes effect," she specified.