Court Incompetency Halts Calica’s Case Against ANP

Calica's attempt to halt the creation of the Protected Natural Area (ANP) “Felipe Carrillo Puerto” has been temporarily stopped. The Ninth District Court in Quintana Roo declared incompetency in the resolution that ended the trial of the indirect amparo related to the ANP's creation. The ANP includes lands owned by Calica, a subsidiary of American Vulcan Materials. A new date for the constitutional hearing has been set for December 6th.

In late September, President Lopez Obrador announced the establishment of a new ANP in Quintana Roo, named Felipe Carrillo Puerto. This area covers over 53 thousand hectares of jungle, including lands where Calica extracts stone material.

Since August, Calizas Industriales del Carmen and Rancho Piedra Caliza, represented by Gerardo Freyre Fregoso, have initiated an amparo against laws and regulations. The claim is against the decree to declare the Felipe Carrillo Puerto a protected natural area. After several legal proceedings, the Ninth District Judge declared incompetency in the amparo and set a new date for the disagreement process.

Background

Vulcan Materials began operations in Playa del Carmen over 30 years ago under the name Calica. After a partnership with ICA dissolved, Vulcan continued to extract and export stone material to the U.S. When the Maya Train project began, President Lopez Obrador accused Calica of causing an “ecological catastrophe” in the Cancún-Playa del Carmen tourist corridor. This issue was even taken to the UN by the Secretary of Environment and Natural Resources, María Luisa Albores González, to defend the national territory.

Despite the former president's request for Vulcan Materials to abstain from international arbitration against Mexico, the litigation continued. On July 11, 2022, the ICSID authorized the company to submit an additional claim related to imposed measures. This started a second phase of arbitration, resulting in two additional rounds of writings and an updated compensation demand of 1.9 billion dollars.

Vulcan's Legal Defense

Vulcan Materials recently announced its intention to legally defend itself against what it perceives as "expropriation" by the Mexican Government of its port and quarry in Quintana Roo. This follows the publication of a decree creating the new “Felipe Carrillo Puerto” protected natural area, which includes the American firm's properties.

Vulcan claims that the decree prevents it from accessing its property and intends to defend itself legally. In 2022, Mexican authorities ordered the suspension of operations at the Calica mine due to environmental damage. However, Vulcan denies this and claims that there is a violation of the Treaty between Mexico, United States, and Canada (T-MEC), which could affect trade relations. The then Head of State responded that in the disagreement, “we are right, you can go to any court.”