A Collegiate Court in Yucatan has ordered federal authorities to address damages to caves and cenotes along Section 5 of the Maya Train. This decision follows a successful appeal by the civil association Defending the Right to a Healthy Environment (Dmas), which had previously lost a ruling by the First District Judge of Yucatan.
The court stated, "A definitive suspension must be granted, in line with the principles of prevention and in dubio pro natura. This will allow for the identification of damages and the implementation of measures to prevent and mitigate their effects. It must be proven to the First District Court in the State of Yucatan that the required geological, geophysical, and geohydrological studies have been conducted."
Two years ago, this appeal initially halted the construction of Section 5 of the Maya Train, a significant victory for environmental advocates. However, the Collegiate Court emphasized that this suspension does not mean a halt to the project.
The court clarified, "The granted suspension does not aim to stop the operation of the Maya Train on the mentioned sections. Instead, it allows for the identification of damages and the implementation of measures to prevent and mitigate their effects."
The lawsuit, known as file 923/2022, was filed by Dmas. The association is now seeking to establish precedents in environmental law.
The lawsuit definitively suspended work on Section 5 of the Maya Train in spring 2022. However, the federal judge of Merida has yet to issue a ruling, leaving the legal process unresolved.
After work resumed on Section 5 of the Maya Train in July 2022, Dmas expanded its lawsuit. They challenged the authorization that the Secretariat of the Environment and Natural Resources (Semarnat) granted to various federal agencies.
Dmas sources have confirmed that they aim to establish legal precedents that can be used in future environmental law disputes, a relatively unexplored area in the Mexican judicial system.
Despite the ongoing legal proceedings, it is anticipated that all work on the Maya Train will be completed in optimal condition by next year.
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