Puerto Vallarta, Mexico – The Ministry of Environment and Natural Resources (Semarnat) has filed an appeal against a controversial court ruling that granted approval to the Harbor 2 real estate project without an environmental impact assessment. The Harbor 2 project, promoted by Inmobiliaria Parsi, involves the construction of six 25-story towers containing 987 apartments, underground parking, and commercial and recreational areas on a 17,963-square-meter plot in Puerto Vallarta’s Hotel Zone.
According to Semarnat, the decision—issued by Judge Gonzalo Romero Alemán and backed by the Specialized Mixed Chamber of the Federal Administrative Court of Justice—was procedurally flawed and improperly bypassed the requirement for an environmental impact authorization. The Ministry contends that the ruling “violates due process by preventing Semarnat from arguing that the project requires environmental control measures,” and that the court never notified them of the stage at which they could present their arguments or claims.
In its official statement, Semarnat emphasized that Article 28 of the General Law on Ecological Balance and Environmental Protection (LGEEPA) requires an environmental impact study for projects affecting coastal ecosystems—an obligation the real estate company explicitly acknowledged. However, the court’s ruling overlooked this requirement, effectively authorizing the project without the legally mandated environmental review.
Key Points in the Dispute
- Due Process Concerns: Semarnat alleges that the judicial process did not allow it to present arguments or evidence, violating the Mexican Constitution and relevant international treaties.
- Environmental Obligations: The project’s location within a coastal ecosystem triggers a legal obligation to conduct a full environmental impact assessment.
- Potential Environmental Risks: Critics are concerned that constructing such large-scale towers so close to the coast may significantly affect local wildlife, marine resources, and the broader ecosystem.
In response to these alleged procedural and environmental oversights, Semarnat filed an appeal seeking to overturn the court’s ruling. Through this legal action, the Ministry underscores its ongoing commitment to protecting Mexico’s natural resources and maintaining strict adherence to environmental legislation at both national and international levels.
Should the appeal succeed, the Harbor 2 project will face new requirements, including a thorough environmental impact study, before any construction can resume. As of now, local authorities and environmental advocacy groups are awaiting the next steps in the legal process, which could set a significant precedent for future coastal developments in the region.
Puerto Vallarta, Mexico – The Ministry of Environment and Natural Resources (Semarnat) has filed an appeal against a controversial court ruling that granted approval to the Harbor 2 real estate project without an environmental impact assessment. The Harbor 2 project, promoted by Inmobiliaria Parsi, involves the construction of six 25-story towers containing 987 apartments, underground parking, and commercial and recreational areas on a 17,963-square-meter plot in Puerto Vallarta’s Hotel Zone.