Selected
Border-Related Environmental Laws
and Regulations
A. United States/California
The United States environmental policy can be found in the United States
Code at Title 42 (Public Health and Welfare) section 4321 et seq. This
contains the national environmental policies and goals, the establishment
of environmental agencies, commissions, and councils; governs
appropriations for environmental studies, research, clean-up and
prevention, among many other tasks. Includes organization and formation of
the Environmental Protection Agency and the Council on Environmental
Quality.
Border Smog Reduction Act of 1998
Public Law 105-286 112 Statutes at Large 2773
Applies
only to the San Diego metropolitan area and amends the Clean Air Act to
prohibit certain foreign-registered, noncommercial vehicles from entering
the area more than twice a month. GAO focuses on measured ozone levels and
the impact of the North American Free Trade Agreement on ozone in the San
Diego area. The GAO has concluded that the act, under which violators can
be fined or refused entry into the U.S., will reduce cross border smog by
less than 0.5 percent a year. A San Diego air quality official told the
GAO that even small sources of pollution must be addressed if the area is
to combat ground level ozone, a component of smog. Many of the cars that
pass through customs on their way into the U.S. spend at least 20 minutes
idling while waiting in line, increasing local concentrations of air
pollutants. The GAO notes that commercial truck traffic has increased
since the implementation of the North American Free Trade Agreement in
January, 1994, and that trucks contribute more air pollution than cars.
http://ens.lycos.com/ens/jul99/1999L-07-06-09.html
A congressional committee report on the Act’s impact on ozone
levels is available at the USD Legal Research Center at KF6236.A85 R44
RCRED-99.
Clean Air Act
http://www.epa.gov/oar/oaq_caa.html
Under
this law, the EPA sets limits on how much of a pollutant can be in the air
anywhere in the United States. The law allows individual states to have
stronger pollution controls, but states are not allowed to have weaker
pollution controls than those set for the whole country. The 1990 law
covers pollution that originates in Mexico and Canada and drifts into the
United States and pollution from the United States that reaches Canada and
Mexico.
Water Resources Development Act, Public Law 102-580 (1992)
Includes state dumping
requirements for hazardous wastes.
The State of California has some of the extensive an far-reaching
environmental laws and regulations of any state in the United States. The
California Code contains many laws relating to environmental concerns with
our neighbor to the south. Among them include:
Clean Water Act,
Public Resources Code sec. 5096.600-5096.683 (2002)
Environmental Protection
Program [generally]. Health & Safety Code sec.71000 et seq.
Environmental Protection
Program [for California-Mexico Border]. Public Resources Code sec.
71100-71104.
Hazardous Waste Cleanup.
Health & Safety Code sec. 25221 et seq.
California EPA at http://www.calepa.ca.gov/
California’s
regulatory agency administers California’s numerous environmental laws
and regulations ; web site contains links to agency resources. Has a link
to its California-Baja California Border Environmental Program at http://bep.calepa.ca.gov.
Project documents include the Tijuana Industrial Wastewater
Monitoring Reports and a California-Baja California Border Environmental
Infrastructure Needs Assessment from 1998.
B. Mexico/Baja California
Laws
Constitution
& Codes
The Mexican Constitution, enacted in 1917 and amended over the years,
does not mention environmental issues. In 1988, the General Law of
Ecological Balance [sometimes translated as Equilibrium] and Environmental
Protection was passed., which for the first time governed environmental
protection. After years of regulatory improvements to the General Law, the
Mexican Government took another look at environmental protection issues in
the mid-1990s. The result was the Amended General Law of Ecological
Balance and Environmental Protection of 1996. This establishes the
framework and authority for all environmental regulation in Mexico.
SEMARNAT (Secretaria de Medio Ambiente y
Recursos Naturales) governs Mexican environmental policies.
http://www.semarnat.gob.mx/legislacion_ambiental/index.shtml
This site has an extensive list which includes the text of
Mexican environmental laws. The page is organized by International Law and
Federal Law sections, and includes a breakdown of laws by topic (e.g.,
fishing, forestry, sea and ocean). Some links are not reliable; some
documents are "unavailable," perhaps due to unreliable servers.
In Spanish.
You may request Mexican laws translated in
English for a fee at http://www.mexicanlaws.com/
The sample translations seem well done.
Spanish versions of many Mexican laws are
available on the Internet Law Library at http://www.priweb.com/internetlawlib/
All 31 states in Mexico now have enacted their
own comprehensive environmental laws. Many municipal governments have
adopted laws addressing a broad range of environmental matters, including
Baja California. This state’s web site is at http://www.bajacalifornia.gob.mx/entrada.htm
C.
Environmental Agreements Between the U.S. and Mexico
Several agreements between the United States and
Mexico relate to the border environment, natural resources and the species
that live there: migratory birds and game mammals, cooperative fisheries
programs, forestry development, wetlands and wildlife preservation. These
bilateral conventions and agreements are all available at the Legal
Research Center at the University of San Diego in a number of resources,
including the Congressional Information Service and the United States
Statutes at Large.
The following environmental agreements are listed
because of their scope, importance, and relation to border issues.
Convention on
International Trade in Endangered Species of Wild Flora and Fauna (CITES),
signed by the U.S. in 1973 and by Mexico in 1991. CITES establishes a
worldwide system of import and export regulations to prevent the
overexploitation of plants and animals listed in the three appendices to
the Convention. The text can be found at http://www.cites.org
Treaty of
1889 and Water Treaty of 1944
The United States and Mexico signed a treaty in 1889 creating the
International Boundary Commission (IBC). The mandate of the IBC was to
resolve problems of boundary demarcation between the two countries caused
by changes in the courses of the Colorado and Rio Grande rivers. In 1944,
the two nations signed the Treaty of Utilization of Waters of the Colorado
and Tijuana Rivers and of the Rio Grande (the Water Treaty) changing the
IBC into the International Boundary and Water Commission (IBWC). The Water
Treaty extended the IBC’s purview to include maintaining the land
boundary and apportioning the waters in all these rivers.
International Boundary
Commission, United States and Mexico / Title 22 United States Code sec.
277 et seq.
Originated in 1924 to study the "equitable use of waters"
between Mexico and the U.S., it covers not only shared water use, but also
border waters sanitation projects, construction of roads and highways and
dams to facilitate water use and sanitation, and creating new river
channels for increased population on the border.
1983 United
States-Mexico Agreement on Cooperation for the Protection and Improvement
of the Environment in the Border Area - La Paz Agreement - TIAS 10827
(signed in 1983; entered into force 1984)
In 1983 in La Paz, Baja California, the United States and Mexico
signed the Agreement on Cooperation, also known as the La Paz Agreement.
This established a framework for cooperation between the two countries to
prevent, reduce and eliminate sources of air, water, and land pollution in
the zone extending 100 kilometers along each side of the international
boundary. The La Paz Agreement creates a procedure for establishing
annexes which facilitate cooperation on specific environmental issues.
Integrated Environmental
Plan for the U.S.-Mexican Border Area (IBEP)
This plan grew out of a meeting between the President of Mexico and
the President of the United States on November 27, 1990 in Monterrey,
Mexico, on the potential economic benefits and environmental effects of
trade liberalization between the two countries. The IBEP reflected the
idea that long-term economic growth is not possible without environmental
protection and long-term environmental protection is not possible without
economic growth. The plan’s goal: to protect human health and natural
ecosystems along the border.
The North American
Free Trade Agreement - NAFTA
19 United States Code sec. 3 et seq.
NAFTA contains a number of environmental provisions and an additional
trilateral environmental agreement was negotiated to supplement it.
Subsequently, a bilateral agreement was signed to address the deficiencies
in water and waste infrastructure in the border area. Many environmental
side agreements have been enacted and may be found at the USD Legal
Research Center.
The North American
Agreement on Environmental Cooperation (NAAEC)
This was signed by the United States, Canada, and Mexico on September
13, 1993 and entered into force with the NAFTA trade agreement on January
1, 1994, to promote sustainable development through mutually supportive
environmental and economic policies. The Commission for Environmental
Cooperation (CEC) located in Montreal was created under the NAAEC to
protect and improve the environment through increased cooperation among
the parties.
U.S.-Mexico Agreement on
the Border Environment Cooperation Commission and the North American
Development Bank (BECC-NADBank Agreement)
This was the second environmental agreement negotiated after NAFTA to
target environment problems in the border region to remedy transboundary
environmental or health problems. It establishes two institutions to
address these issues:
The Border Environment Cooperation Commission (BECC)
Located in Ciudad Juarez, Mexico, helps to form solutions to border region
environmental problems; has a staff of professionals from both countries.
The North American Development Bank
The second institution was the NADBank, which exists to arrange for public
and private investment in environmental infrastructure projects. It is
capitalized and governed equally by Mexico and the United States.
A good place to start comparative research would be the Commission for
Environmental Cooperation web site at http://www.cec.org/
A comparative law database is being prepared by the CEC as a
summary of Canadian, Mexican and U.S. environmental laws and regulations
(offered in French, English and Spanish). The database is divided into 25
chapters and provides an overview of the federal environmental laws of the
three countries, together with selected legislation of states and
provinces. The summary is accompanied by a list of the environmental laws
of the three countries. And the CEC database will contain hyperlinks to
actual text of legislation cited in the summary, or in the list of laws
and regulations. The CEC site will be the first to offer in parallel the
environmental legislation of the three NAFTA signatories - a valuable
resource for researchers. In preparing the database, the CEC drew on the
expertise of the Centro Mexicano de Derecho Ambiental in Mexico City, the
Centre for International Environmental Law in Washington, D.C., and two
Canadian institutions: the Centre québécois du droit de l’environnement
in Montreal and the West Coast Environmental Law Association in Vancouver.
The CEC database is be updated periodically. Check the CEC web site for
more details.
Last revised: 6/7/02