Judge Orders Tulum Condo Demolition Over Profepa Lapses

TULUM, Quintana Roo — A new federal court ruling has set a precedent in environmental matters for the state of Quintana Roo. A federal judge has revealed omissions by the Federal Attorney for Environmental Protection (Profepa) in the case of the Adhamar Solimán condominium, a development located in Tulum that poses a risk to the Xcacel Xcacelito sea turtle sanctuary.

Judge Reveals Profepa Omissions in Key Environmental Case

The federal judge ordered the demolition of the Adhamar Solimán condominium after citizens, backed by the association Defendiendo el Derecho a un Medio Ambiente Sano (DMAS), filed an injunction. The decision came after it was proven that Profepa did not comply with supervision or the application of environmental restoration measures.

The sentence, in addition to ordering the demolition, obligates the restoration of the damaged zone and its return to its original state, marking a milestone in the defense of the environment in Mexico.

The Role of Profepa and Its Omissions

In June 2024, Profepa itself confirmed that the company Desarrollos Tulum Dieciséis had caused serious damage to a coastal dune ecosystem. It even imposed economic sanctions and the obligation to restore 731.80 square meters of impacted area.

Lack of Execution and Supervision

Although the Ministry of Environment and Natural Resources (Semarnat) denied the environmental impact authorization, which obligated the execution of immediate restoration measures, Profepa did not provide the corresponding follow-up. This lack of action opened the door for citizens of Tulum, advised by DMAS, to file an injunction that resulted in a favorable ruling.

Legal and Environmental Repercussions of the Ruling

The sentence not only obligates the demolition of the condominium, it also establishes the direct responsibility of Profepa to guarantee the restoration. According to the ruling, Profepa must make the economic sanctions effective, provide follow-up to the criminal complaint for environmental crimes, and execute, on its own motion, the restoration of the affected ecosystem.

“It is obligated to act firmly and cannot delegate to the sanctioned company the responsibility for complying with the restoration measures,” explained Mónica Huerta, legal representative for DMAS.

Judge Reveals Profepa Omissions: A Historic Precedent for Mexico

This case reinforces the constitutional right to a healthy environment and applies international principles such as the environmental precautionary principle, which orders action even in the face of scientific uncertainty about possible serious or irreversible damage.

A Precedent That Extends Beyond Tulum

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.