Border-wide
Legal Issues: Overview
For many years, the U.S. and Mexico have been involved
in formal and informal cooperative efforts to protect the border’s
environment and natural resources. Numerous bilateral agreements guide
both countries’ efforts in the border area. Despite the recognized
problems and the agreement that they require solutions, environmental
conditions have not been adequately preserved (when healthy) or remedied
(when polluted). Industrialization has accelerated population growth,
production of goods, and consumption of resources. All this surpasses the
natural resources available in this area.
In order to protect, improve and conserve the
environment of the border region, in 1983 both governments signed the
Agreement for the Protection and Improvement of the Environment in the
Border Area (La Paz Agreement) which provided a formal foundation for
cooperative environmental efforts. The La Paz Agreement defined the border
region as the area lying 100 kilometers or 62.5 miles to the north and
south of the U.S.-Mexico boundary. Work carried out under the La Paz
Agreement is coordinated by two National Coordinators: the International
Affairs Coordinator in SEMARNAP and the Assistant Administrator for
International Activities of the EPA.
In February 1992 the environmental authorities of both
governments released the Integrated Environmental Plan for the Mexican-U.S.
Border Area (IBEP). While the IBEP represented a reasonable point of
departure for addressing environmental concerns in the border region, it
had a limited scope and failed to adequately address natural resources and
environmental health concerns. The U.S. Congress and by Mexico’s
Ministry of Finance created The Border XXI Program to build on the efforts
of the IBEP.
The key agencies involved in developing and implementing
border environmental regulations are:
1) Environmental Protection: the U.S.
Environmental Protection Agency (EPA) and Mexico’s Secretariat for
Environment, Natural Resources and Fisheries (SEMARNAP) and
Secretariat for Social Development (SEDESOL).
2) Natural Resources: the U.S.
Department of the Interior (DOI), the U.S. Department of Agriculture
(USDA), and SEMARNAP.
3) Border Water Resources: U.S. and
Mexican Sections of the International Boundary and Water Commission (IBWC),
DOI, EPA, and SEMARNAP.
4) Environmental Health: the U.S.
Department of Health and Human Services (HHS) and Mexico’s
Secretariat of Health (SSA).
Several other federal agencies participate in
environmental protection, but these are the major ones. The State of
California and the State of Baja California, as well as local governments
and indigenous communities, are likewise very much involved in the issues
discussed in this section.
In a parallel agreement to the North American Free Trade
Agreement (NAFTA), the United States and Mexico established the Border
Environment Cooperation Commission (BECC) and the North American
Development Bank (NADBank) to improve environmental infrastructure in the
border area.
[Much of this was taken from Lawrence A. Herzog, Shared space:
rethinking the U.S.-Mexico border environment. La Jolla, CA: Center
for U.S.-Mexican Studies, University of California, San Diego, 2000; NAFTA’s
Broken Promises: the border betrayed. Washington, D.C.: Public Citizen
Publications (1996); U.S.-Mexico Border XXI Program Framework Document,
United States Environmental Protection Agency, Washington D.C.: 1996.]
Last revised: 11/5/02