Legal Battle Lost: Mining Giants Denied Environmental Zone Appeal

Mining companies Calizas Industriales del Carmen (Calica) and Rancho Piedra Caliza (Rapica) have failed to overturn the declaration of the "Felipe Carrillo Puerto" Protected Natural Area. This environmental zone, classified as a Flora and Fauna Protection Area, spans over 53,000 hectares across the municipalities of Solidaridad, Cozumel, and Tulum. This legal battle is concurrent with another case against the companies regarding the closure of their extraction facilities at "La Rosita", "La Adelita", and "El Corchalito", as well as the deep-sea port of "Punta Venado", which have all been inactive since 2022.

Calica and Rapica, subsidiaries of the American corporation "Vulcan Materials", are charged with causing significant environmental damage, including the disruption of natural freshwater and saltwater channels. These activities were carried out for over 30 years, providing materials for the construction industry, particularly for US highways. Despite their legal team securing a few stays, the Second District Court of the Twenty-Seventh Circuit denied them definitive federal protection. A preliminary trial, numbered 36871905, was initiated on November 28 of last year, with a provisional suspension denied five days later. This decision was upheld by the Second Collegiate Court on December 13, after it dismissed a complaint as baseless. The federal court confirmed the denial of a definitive suspension on January 28 of this year, following reviews from the Ministry of Environment and Natural Resources (Semarnat) and the National Commission of Protected Natural Areas (Conanp). Another trial, numbered 36914024, was launched on December 2, 2024. Although a provisional suspension was initially granted (December 5), it was later declared invalid and the case was dismissed. The companies did not contest this decision within the allotted time, resulting in the definitive suspension being declared moot on January 28.

Calica and Rapica had previously made unsuccessful attempts to challenge the early stages of the decree, specifically the dissemination of Conanp's technical studies. They were informed that the notice was a communicative act and the studies were technical, not causing any harm to their rights. This would only occur with the declaration of the decree, which happened just days before the end of Andres Manuel Lopez Obrador's presidency.

The companies argue that the decree is restrictive of their property rights and possession of various properties within the protected area. They claim it alters and limits the benefits, use, and usufruct of the lands where the now-closed limestone mines are located. The disputed environmental zone includes two polygons, covering a total area of 53,227 hectares, according to the decree published in the Official Gazette of the Federation on September 23, 2024. The first, "Felipe Carrillo Puerto", is a jungle area spanning 53,071 hectares, while the second, "La Dársena", is a 165-hectare area adjacent to the Caribbean Sea. As for the creation of the