The expanding spatial and temporal scales of phenomena — such as the impacts of global warming or marine plastic pollution, which can manifest far from the environs we inhabit — obscure our awareness of the aesthetics of environmental change.
The arts, however, can help to enrich how we experience that aesthetically conceived ecology, even on a planetary scale. Jazairy ed. Their aim is not to study how human beings empirically perceive works of art or natural landscapes but to delineate normatively how they ought to. In the 18th century, William Hogarth postulated that beauty correlates with principles that include uniformity and simplicity. Islamic theologians associate beauty with three structural components — order, wisdom and harmony — as expressed most eloquently in irrigated gardens.
Several distinct themes exist in the literature. Duchamp, Fountain, ; R. Strahan, Guyer ed. Kant, Critique of the Power of Judgment, P. Matthews trans. Comell ed. Activist scholars such as Alan Braddock and T. Artistic interpretations of natural beauty through visual art and music have also been conceptualized in the literature around certain artistic conventions and theoretical positions.
In the Western world, the Romantic era during the 18th and 19th centuries helped in rendering a more benign view of nature through several pictorial styles. With the surge in activist eco-art in the late 20th century, researchers have also enquired into the appropriate purpose of aesthetic experiences.
The aesthetics of beauty have also been investigated intensely with regard to human beings themselves, which illustrates how strongly beauty is culturally mediated. Patriarchal cultures have imposed cruel stereotypes of beauty, such as the practice of foot-binding young girls in pre-communist China and corset wearing in Victorian Britain. Studies in environmental 44 B. Tufnell, Land Art Tate, The Health Council of the Netherlands has found positive associations for the health of people living near attractive greenery.
Also relevant here is social psychology research into how aesthetic values can contribute to pro- environmental behaviour, as explored in Section 4. The foregoing discussion leads to several conclusions about beauty for environmental governance. Secondly, interpretation of beauty is culturally mediated, especially through art, which itself is subject to theoretical contestation.
The next part considers how notions of beauty, and sometimes aesthetics more generally, have informed legal governance as a precursor to understanding the areas where further work is needed Part 4 in order to elevate beauty to a more substantial pillar of environmental governance. Patterns of Interaction The law is not external to beauty or other aesthetic values but partakes in shaping their enunciation and meaning, and the law itself has its own aesthetic qualities.
These values feature in many contexts governed by environmental law. Proposals to establish wind turbine farms have strained land-use approval processes across Europe and North America because of community uproar over anticipated visual and acoustic impacts.
Fuller et al. Wohlwill eds , Behavior and the Natural Environment Plenum, , pp. Cant, A. Albert, S. Beauty as an Advocacy Gesture Proponents of better environmental laws frequently deploy aesthetic criteria, especially beauty, in nature conservation campaigns, to attract political support and community donations.
Butler ed. We address the problem of how to weigh aesthetic values with other policy criteria proposed for environmental law later in this article. The contexts include landscape management, biodiversity conservation, ecological restoration, and pollution control. The law may direct regulators to safeguard extraordinary natural beauty, to curb unsightly developments, or to remediate malodorous pollution that can impair beauty.
Statutory references to aesthetic standards are typically cursory, and often framed around general legislative goals rather than practical regulatory standards. Aesthetic values of individual species can also solicit legal protection. Another way in which legislation can acknowledge environmental aesthetics is by regulating activities that might infringe them. Generally, courts are unwilling to accept mere unsightliness as an actionable wrong.
Drabik v. Martz, N. However, visual aesthetics have been found to be relevant in terms of access to natural light Regan v. Peck Electrical Company, VT 4 International environmental law also acknowledges aesthetic criteria sporadically.
Aesthetics of State Sovereignty over Nature The third way in which the legal system may interact with beauty and other environmental aesthetics is by embodying them in expressions of state sovereignty. Such use of environmental aesthetics is sometimes ambiguous, equally capable of interpretation as a symbol of respect for nature as of its subjugation. Sovereign legal authority has long been expressed through symbols that draw on aesthetic imagery, 87 Waterhouse Properties v.
Bellon, F. United States, F. Greenland has the polar bear, and Swaziland an elephant. Another aesthetic expression of state authority, albeit one not usually tied explicitly to beauty, is cartography. By demarcating boundaries and dividing geographies, maps aid in excluding or granting access to natural resources and determining how they will be governed. The spatial representation of nature through maps can violate ecological and cultural relationships as legal authority is mapped according to different political and historical exigencies.
Aesthetics in Legal Process and Dialogue Decision-making fora — such as courts, public inquiries, treaty conferences and secretariats — shape the aesthetics of environmental law.
The first phase, from to , involves the recovery of self-reliance of the energy sector, based on fossil fuel and, to a lesser degree, on renewable energy. Do any renewables support schemes operate? CELs are mandatory for electricity suppliers and qualified users, among other participants in the wholesale electric market. In addition, Mexico's Income Tax Law grants tax benefits in relation to renewable energy investment and equipment acquisition. Energy efficiency Are there any national targets for increasing energy efficiency for example, in buildings and appliances or legal requirements for achieving energy efficiency standards?
Is there a national strategy on energy efficiency? Energy efficiency programmes with federal, state and municipal governmental agencies for example, public lighting.
Technology for efficient use of energy in different sectors and facilities for example, commercial and services buildings, and industrial and agro-industrial activities. Reduction of energy intensity in passengers and freight transportation. Do any mandatory or voluntary labelling schemes exist to identify energy efficient goods or buildings?
If certain specific goods claim to be energy efficient, they must meet the requirements provided in specific NOMs. The NOMs currently cover 16 goods, including household appliances such as washing machines, refrigerators, water boilers, and certain air conditioners. These items must have labels showing that they meet the NOMs. They also cover energy efficiency in envelope buildings that is, a building's ceiling, walls, doors, floors and the space inside the buildings with residential use , to improve thermal insulation.
Do any energy efficiency support schemes operate? Among others, the CONUEE offers technical advice and training for public and private entities in relation to energy saving projects. Environmental impact assessments Are there any requirements to carry out environmental impact assessments EIAs for certain types of projects?
Scope The aim of EIAs at a federal level is to regulate activities and works both:. In certain sectors which imply environmental risks such as the oil or mining industry.
In environmentally sensitive areas such as the coast, mangroves or natural protected areas. Generally, the works and activities subject to EIAs are the following:. Hydraulic works, communication routes major highways , pipelines, gas pipelines, carbo-ducts coal pipelines and poli-ducts. Oil, petrochemicals, hydrocarbons, chemicals, steel, paper, sugar, cement and electricity industries. Exploration and exploitation, as well as benefitting from minerals and materials reserved to the federal government in terms of relevant mining and nuclear laws.
Facilities for the treatment, confinement and elimination of hazardous and radioactive waste. Employment of forestry resources in tropical rainforests.
Land use change in forestry, rainforest and arid areas. Industrial parks where high-risk activities are carried out. Real estate developments in coastal environments. Works and activities in wetlands, mangroves, lagoons, rivers, lakes and estuaries connected to the sea, including their coasts and federal zones. Works and activities in natural protected areas of federal jurisdiction.
Fishing, aquaculture and agriculture activities that could endanger the preservation of one or more species, or cause damage to ecosystems. Works or activities of federal jurisdiction that can:. Allow the proposed project or activity under the terms set out in the EIS. Allow the work or activity to be carried out subject to conditions which must be complied with during the construction, operation and abandonment of the project.
Deny the proposed work or project if it breaches applicable laws, if it threatens one or more endangered species, or if it contains false information or statements.
EIAs are limited to the environmental aspects of the works and activities subject to the environmental impact procedure. Even though there is no authorisation needed for an EIA, EIAs are often required for the issuance of other permits and authorisations. This is clearly seen in real estate projects, where the EIA is a prerequisite for other permits.
State legislatures can regulate the environmental impact of other activities outside federal jurisdiction. The projects subject to a state EIA vary from jurisdiction to jurisdiction but are generally smaller-scale projects with a less significant environmental impact such as a shopping centre if it does not fall under any of the activities subject to federal jurisdiction.
Penalties For penalties for non-compliance with permits, see Question 6, Penalties. With respect to penalties applicable to environmental damage and environmental liability, see Question 6, Penalties.
Habitats and biodiversity What requirements and regimes apply for the conservation of nature, habitats and biodiversity that affect development? What assessments or obligations are required before any development begins? Requirements are regimes Mexico has ratified several international conventions in connection with the conservation of nature, habitats and biodiversity that directly affect development and are taken into consideration by environmental authorities when assessing EIAs see Question For example, Mexico has ratified the:.
Convention on Wetlands of International Importance. A national level, Mexican Federal and State governments have enacted several Laws, Regulations, NOMs, and other secondary regulations that have the purpose of conserving nature, habitats and biodiversity by directly regulating anthropogenic activities, creating various land use regimes and establishing natural protected areas.
Further, the LGEEPA and its Regulations for Natural Protected Areas regulate the process for the creation of protected natural areas, their operation and maintenance, and the activities that can be carried out in them. Prior assessments and obligations All of the Laws, Regulations, programmes, NOMs and land use regulations referred to above are considered by Federal, State and Municipal environmental authorities when assessing the issuance of relevant environmental permits to develop any type of regulated activity.
When assessing new development projects, the environmental authorities usually grant relevant permits under the condition that the applicant will carry out measures aiming at mitigating or compensating the impacts that the relevant project could cause to habitats and biodiversity.
Waste and the circular economy Regulatory regime. What is the regulatory regime for waste? Permits and regulator Responsibility and jurisdiction. A range of statutory laws address the risks posed by hazardous waste. Waste is classified as hazardous waste, special management waste and solid waste.
Hazardous waste generators, importers, exporters, consumers, companies authorised to manage waste, and the three levels of government, share the responsibility for the environmentally safe management of hazardous waste. Hazardous waste is of federal jurisdiction and is deemed hazardous according to its corrosive, reactive, explosive, toxic, flammable and infectious nature.
All professional services rendered in relation to the recollection, storage, transport, and final disposal of hazardous waste must have the prior authorisation of SEMARNAT. Prohibited activities It is prohibited to carry out the above activities without a permit see above, Permits and regulator.
In addition, while the storage of self-generated hazardous waste does not require a specific permit, the warehouse and storage itself must comply with certain procedures and specifications provided under the LGPGIR and its Regulations.
Operator criteria There are numerous technical and legal requirements that must be met by operators who provide hazardous waste-related services. For example, a financial guarantee must be granted to cover the damages that may be caused during and after these services are rendered.
Special rules for certain waste Special management waste is of state jurisdiction for the exception , see below and is classified in LGPGIR.
Its regulation varies from jurisdiction to jurisdiction. Some states require special management waste generators to register with the local environmental authority. On 2 May , the general administrative provisions that establish the guidelines for comprehensive management of Special Management Wastes of the Hydrocarbon Sector were published in the Official Gazette of the Federation.
As a result of the energy reform, the regulation of special management waste of the hydrocarbon sector is now under federal jurisdiction. These provisions provide the obligations that generators of special management waste of the hydrocarbon sector must comply with, such as the obligation to register with the ASEA. Solid waste is municipally regulated. Usually, generators of non-domestic solid wastes use an authorised company to transport waste from its source to municipal final disposal.
Some municipalities require solid waste generators to register with the environmental authority of the municipality. National strategy, targets and producer responsibilities. Is there a national strategy to tackle particular types of waste such as plastics waste or marine litter? What waste targets exist?
What producer responsibility schemes exist? This sets out the government's goal to transform the current waste management system into a circular economy scheme, promoting the rational use of natural resources and sustainable development. Mexico is currently paying special attention to plastic particularly single-use waste. On 25 June , amendments to the Solid Waste Law of Mexico City were published in the Official Gazette , under which the marketing, distribution and delivery of plastic bags to consumers at points of sale of goods or products is prohibited, unless the bags are either:.
Required for hygiene reasons or to avoid food waste if there are no compostable alternatives. Targets The government proposes to transform open-air dumps into materials banks and create markets for recycled raw materials, promoting the remanufacturing and recycling industry.
International and national organisations have expressed their willingness to co-operate in the implementation of activities aimed at strengthening waste management. The United Nations Environment Programme proposes to support the disposal of:.
Single-use plastics. Producer responsibility schemes Management of special management waste and urban solid waste is a social co-responsibility and requires the joint, co-ordinated and differentiated participation of the:.
Manufacturers, distributors, consumers, and users of byproducts. Under this amendment, manufacturers would be responsible for organising, developing and financing the integral management of the waste generated as a result of the consumption of their products.
This amendment has not yet been approved and may undergo additional changes. Asbestos What is the regulatory regime for asbestos? Prohibited activities Generators of friable asbestos as hazardous waste, as well as its management and storage at a site, must not be performed without being registered as a hazardous waste generator with SEMARNAT see Question Additionally, particles of asbestos fibres in the workplace are regulated and must comply with certain health and safety levels mainly set out in the NOMSTPS although the applicable law does not require the performance of surveys of asbestos or asbestos-containing materials.
No permits or authorisations are required for asbestos-containing materials in buildings that contain asbestos. With respect to penalties applicable to environmental damage and environmental liability see Question 6, Penalties. Administrative sanctions can also be imposed by the Ministry of Labour and Welfare. Contaminated land What is the regulatory regime for contaminated land?
Remediation standards and procedures are gradually beginning to be implemented through Mexican Official Norms NOMs including NOMs on soils contaminated with total petroleum hydrocarbons and with heavy metals. LGEEPA sets out the obligations for parties responsible for soil contamination to carry out the necessary remedial action, so that soils are restored to a condition for the proposed uses under the applicable ecological ordinance or urban development plan.
Soil investigation and clean-up can also be imposed if an establishment voluntarily stops operations and the possibility of soil contamination exists.
Its main supervisory method is approval of a remediation programme, which must be applied for in almost all cases of remediation, before any remedial actions are undertaken by the responsible party. Matters regarding remediation programmes are still at relatively early stages of enforcement.
Consequently, there is a certain degree of uncertainty as to the scope of many remediation programmes and how they are enforced. They can be imposed regardless of:. Any repair or compensation for the environmental damage. Any reimbursement of expenses to those individuals or entities that commenced an action claiming environmental liability. The minimum and maximum amount of the economic sanctions applicable to legal entities could be reduced by a third in the case of certain exceptions provided under the LFRA such as:.
Having an environmental compliance certificate in accordance with the environmental legislation. Not being considered a repeat offender. Who is liable for the clean-up of contaminated land? Can liability be excluded in transactions?
Liable party Following the "polluter pays principle", the LGEEPA and LGPGIR and its Regulations provide that the party causing soil contamination is ultimately responsible for carrying out or paying for remedial actions to clean-up contaminated sites. Where contamination is generated by multiple liable parties, the obligation to remediate is allocated to each one of the contaminating parties according to its participation in the contamination.
If it is not possible to allocate the specific participation of each liable party, then all parties are equally liable for the remediation. This is irrespective of both:.
Any liability of the contaminating party. If the owner or occupier of a contaminated site is unknown, SEMARNAT, in co-ordination with other state and municipal authorities, can carry out remediation works and issue a remedial declaration for a site. It is proved that they caused the contamination. They had actual knowledge that the property was contaminated and they failed to secure a transfer authorisation before transferring the site to the new owner.
If no responsible party is determined at the time of the transfer, the selling party is deemed responsible for the contamination. Limitation of liability Parties cannot limit their clean-up liability set out in the statutory legislation. However, parties can contractually agree indemnification, defence and hold harmless provisions that is, provisions in an agreement under which one or both parties agree not to hold the other party responsible among themselves.
Non-compliance with these contractual conditions involves civil and commercial responsibilities. It does not release a responsible party from liability before the government authorities for carrying out remediation for contamination it has caused, or for ownership or possession of contaminated sites.
Voluntary clean-up programme Currently, under Mexican environmental political and legal frameworks there are no incentives or programmes to foster remediation of contaminated land by non-liable third parties, for redevelopment. Can a lender incur liability for contaminated land and is it common for a lender to incur liability? What steps do lenders commonly take to minimise liability? Lender liability Mexican environmental law does not contain any specific provisions establishing lenders' liability for financing projects that can result in harm to the environment or natural resources.
However, if due to foreclosure of a security interest a lender takes title to and becomes the owner or occupier of a contaminated site, it will be jointly and severally liable for clean-up of the site along with the contaminating party.
This liability can be enforced by competent environmental authorities during the time the lender remains the owner of the contaminated site, or after transferring the site if the lender fails to secure authorisation for the transfer. Under applicable statutes, lenders can also incur environmental liability from their own actions for example, potential instructions given by the lender to the debtor to adopt or implement a contaminating or illegal action.
Minimising liability To minimise liability, it is advisable for a lender to perform a comprehensive environmental due diligence of the debtor's assets and activities and include representations, warranties and relevant indemnity provisions in the lending documents.
Can an individual bring legal action against a polluter, owner or occupier? A private individual can bring legal action for damages and loss of profits before a civil court against any party that is causing damage to its property through the release of a hazardous substance or otherwise from a contaminating activity.
Damage remediation must consist of either:. Re-establishment of the property to its previous condition, if possible. Under the LFRA, individuals that live in a community affected by damage and certain Mexican non-profit organisations see Question 3 are also entitled to claim environmental liability.
Asset sale The buyer can inherit environmental liability on a purchase of real property if it both:. Takes title to or possession of the land. If an issue is detected before the purchase of the property that could involve contamination and remedial action, a potential buyer can contractually require the seller or other responsible third party to expressly assume liability for the issues before SEMARNAT, and to defend, release and indemnify the purchaser in any action related to the contamination.
In these circumstances, SEMARNAT can acknowledge the responsible party and can release the purchaser of duly disclosed liabilities shown in relevant baseline environmental studies. The authorisation process cannot obstruct or unwind the sale, as it aims solely to determine a party responsible for the remediation of the site. The target remains liable for any contamination it may have caused, and for any environmental liability from ownership or possession of contaminated sites.
Indemnification, defence and hold harmless provisions between the seller and buyer see Question 23, Limitation of Liability are typically negotiated contractually in asset and share deals. Asset sale Contractually, the seller can agree to retain environmental liability.
Legally, if the seller or both parties have knowledge of the contamination and fail to determine who will remain liable, the seller retains liability for any contamination it may have caused or for transferring a contaminated site without the prior approval of SEMARNAT.
Share sale In a share sale, retention of environmental liability by the seller typically only happens contractually. The party liable for any past contaminating activities or for ownership or possession of a contaminated site is typically the entity being sold the target. Asset sale The seller is bound by statute to inform the buyer of both:.
The environmental condition of the site. Any past remedial actions conducted at the site. The seller must include this information in the purchase and sale agreement, together with any remediation obligations. A copy of the final version of the purchase and sale agreement must be provided to SEMARNAT when requesting a contaminated site transfer authorisation. Share sale The obligation does not exist under statute. However, most share sales involve a certain degree of environmental disclosure by the seller in relation to the target.
Scope Environmental due diligence is common in an asset or share sale. Generally, environmental due diligence covers:. Emissions to air. Environmental impact and risky activities, including compliance with conditions of environmental impact authorisations. Past and potential releases of hazardous substances into a property, including the preparation and review of environmental site assessments.
Land use including changes of forestry land use , and ecological zoning restrictions, as well as general compliance with all required permits and applicable laws. The assignability or need for re-issuance of permits on completion of the transaction. Types of assessment Phase I and Phase II environmental site assessments are most commonly used in transactions.
Although these assessments are very common in Mexico, they are not legally required and are therefore not specifically defined. Added Author Bosselmann, Klaus.
Taylor, Prue, Description 1 online resource pages ; cm. Series International library of law and the environment. Formatted Contents Note. Stone , 'Should Trees Have Standing? Summary This research review offers a comprehensive discussion of a kaleidoscope of articles that cover ecological approaches into environmental law.
It looks at the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism.
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