Environmental General Counsel (“EGC”) continues its Global Sustainability Series with a focus on Mexico. EGC Founder and Principal Catherine W. Johnson recently interviewed Luigi Pontones Brito, Founding Partner of Pontones & Ledesma, a boutique law firm located in Mexico City that specializes in environmental law and administrative litigation.
Luigi Pontones Brito is recognized as one of the leading environmental attorneys in Mexico and Latin America with multiple legal diplomas from studies in a range of international jurisdictions and extensive practice within environmental law in Mexico. EGC and Pontones & Ledesma are both members of IR Global, an exclusive international networking association of more than 1,400 attorneys and accounting professionals.
1. How is the sustainability landscape evolving in Mexico approaches and trends?
For the new administration in Mexico, sustainable development is a key pillar for the country's development. To this end, the National Development Plan 2025-2030 establishes that sustainable development requires a comprehensive approach to the protection and responsible use of natural resources, the promotion of waste utilization, energy sovereignty through renewable sources and the acceleration of the energy transition, guaranteeing the human right to water and wastewater sanitation, as well as addressing climate change challenges and promoting efficient water use in the agricultural sector. All of this is done with a view to achieving a balance between economic development and environmental responsibility.
2. What are the objectives of sustainability in Mexico?
Among Mexico's sustainability goals are:
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Reducing pollution from waste generation and disposal.
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Strengthening and regulating the circular economy.
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Wastewater treatment.
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Reducing greenhouse gas emissions that contribute to climate change.
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Equitable access to energy, promoting the implementation of renewable energies.
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Equitable access to water.
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Protection of ecosystems and natural resources.
3. How is sustainability addressed in the current government's National Development Plan?
As mentioned in President Claudia Sheinbaum's 2025-2030 National Development Plan, sustainable development is a general focus, which implies that it is a priority issue for the government, with specific objectives established to have a positive impact on the country's development.
4. What actions have been taken in Mexico to promote sustainability in companies?
Mexico has implemented instruments and actions to promote sustainable development in the country, such as:
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Implementation of state ecological taxes.
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Regulations on the circular economy.
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Publication of the National Water Plan 2024-2030.
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Proposal for a General Water Law and reforms to the current National Water Law
Declarations of Federal Natural Protected Areas.
5. What does the establishment of state ecological taxes in Mexico imply?
The establishment of ecological taxes involves having a financial instrument through which to discourage the generation of greater soil, water, air pollution and encourage investment in technologies that reduce such pollution.
It also involves the collection of resources by the entities, which can be used for environmental purposes to remedy or compensate for damage within their respective territories and to streamline processes for the provision of services.
6. Which states have introduced environmental taxes, and what do they aim to tax?
In Mexico, more than half of the states (including Mexico City, the State of Mexico, Querétaro, Guanajuato, Yucatán, Baja California, Campeche, Coahuila, Colima, Durango, Morelos, Nayarit, Nuevo León, and Zacatecas, among others) currently have ecological taxes within their legislation, whether for the extraction of stone materials, soil or water pollution, waste disposal or air emissions.
The air emissions tax aims to reduce emissions by encouraging companies to establish emission reduction systems and streamline their processes, replace and use renewable energy in order to reduce greenhouse gas emissions and meet climate change reduction commitments.
7. How does Mexico intend to address the challenge of waste management?
In order to achieve sustainable development goals, the tax on waste disposal seeks to encourage companies to seek alternative methods of waste management, such as recycling, co-processing, and treatment and to reduce the amount of waste disposed of or confined to landfills or authorized sites.
It also promotes the circular economy for waste management. In this regard, the world's most ambitious circular economy project will be built in Tula, Hidalgo, to make use of waste and seek to reduce pollution.
8. What is the National Circular Economy Strategy?
In 2024, the Ministry of Environment and Natural Resources presented the document “Bases for the Development of a Diagnosis of the National Circular Economy Strategy in Mexico,” which will help lay the groundwork for initiating the transition from a linear and predatory production economy to one that respects natural resources through intersectoral and inclusive participation.
9. Are there regulations on the circular economy in Mexico?
Some entities in Mexico have already issued regulations on the circular economy. Mexico City currently has a Circular Economy Law, regulations and a Circular Economy Program.
Other states that already have regulations on this matter include:
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Guanajuato, with the Circular Economy Law for the State of Guanajuato and its Municipalities.
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Quintana Roo, Law for the Prevention, Comprehensive Management and Circular Economy of Waste in the State.
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Oaxaca, State Circular Economy Law.
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Baja California, Law for the Prevention, Comprehensive Management and Circular Economy of Waste in the State of Baja California.
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Querétaro, Law for the Prevention, Comprehensive Management,
and Circular Economy of Waste in the State.
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Morelos, Law on Solid Waste and the Circular Economy for the State.
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Tlaxcala, State Waste Law.
10. What is the National Water Plan?
It is a comprehensive strategy to ensure access to, efficient use of, and conservation of the country's water resources. Among its main initiatives is the National Water Agreement, which seeks to recover 3 billion cubic meters of water that has been granted in concessions but is not being used. The goal underscores the priority of human consumption and water security in the face of challenges such as climate change and overexploitation of aquifers.
11. What actions has the government proposed for the implementation of the National Water Plan?
It establishes ten fundamental commitments, including prioritizing water for human consumption, modernizing agricultural irrigation, reducing leaks in distribution networks, and promoting the reuse of treated water. It also proposes combating illegal water use, simplifying procedures for new projects, and preventing river pollution, thereby contributing to their restoration.
12. What does the enactment of a General Water Act involve?
The enactment of a General Water Law aims to regulate the adequate distribution, use, exploitation, and management of water resources, in accordance with the human rights enshrined in our Constitution to a healthy environment and access to water, with a view to sustainability.
13. What aspects should be addressed in this General Water Act?
According to the forums held by the National Water Commission to encourage social participation in the enactment of a General Water Law, the guiding principles to be addressed in the law are as follows:
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Foundations and modalities for access to the human right to water and its interdependence with other rights.
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Obligations and participation of the three levels of government in water resource management.
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Community water systems.
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Mechanisms for citizen participation.
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Water culture, research and technological development for sustainable water use.
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Plans and programs to guarantee the human right to water and sanitation.
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Pollution prevention.
Therefore, while it is essential to address human needs for access to water and to ensure proper administration and management of the resource, the need for the resource for productive sectors in order to achieve sustainable economic development must not be overlooked.
14. What does it mean to intend to carry out a major reform of the National Water Act?
The National Water Law underwent its last structural reform in 2004. In light of this, in response to changes in the status of water resources, the depletion of aquifers, the need for protection, adequate distribution of resources and the integration of technologies, it is considered necessary to carry out a new structural reform of the National Water Law to meet current needs in the administration of national waters.
15. What aspects should be addressed in the reform of the National Waters Act?
According to the forums held by the National Water Commission to gather social participation in preparing a reform of the National Water Law, the issues to be addressed are as follows:
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Concessions and allocations.
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Guarantee quota.
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Sanctions regime.
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Minimum standards for efficient use of irrigation water.
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Mechanisms to guarantee water security.
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Reuse of wastewater.
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Inspection and verification.
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Water uses.
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Water measurement and quality.
16. What progress has been made in the protection of natural resources?
With regard to the protection of natural resources, a new Sustainable Forestry Development Law was enacted in 2018, and its implementing regulations were issued in 2020. In 2023, amendments were published to the Mining Law, the General Law on Ecological Balance and Environmental Protection, the National Water Law and the General Law for the Prevention and Comprehensive Management of Waste, to address, regulate and protect environmental aspects in the execution of mining activities.
Likewise, resources are conserved through the creation of new Federal Natural Protected Areas voluntarily designated for conservation, covering 99.2 million hectares and representing 12% of the land territory and 24% of the marine territory.
17. How many Natural Protected Areas have been designated in Mexico?
The National Commission for Protected Natural Areas currently manages 232 protected natural areas under federal jurisdiction, representing 98,000,719 hectares and supports 602 areas voluntarily designated for conservation, covering 1,233,890 hectares, in 29 states. In the previous six-year term alone, 44 Natural Protected Areas under federal jurisdiction were designated.
18. How are the Sustainable Development Goals addressed through the 2030 Agenda?
Mexico has a National Strategy for the Implementation of the 2030 Agenda, which establishes a vision for better understanding to a desirable future for the country and the planet. Likewise, there is a National Council for the 2030 Agenda for Sustainable Development, which is the link between the Federal Executive and local governments, the private sector, civil society, and academia to coordinate actions for the design, implementation and evaluation of strategies, policies, programs and actions to comply with the aforementioned 2030 Agenda.
19. Which sectors are key to meeting the Sustainable Development Goals (SDG’s) in environmental matters?
Key sectors for achieving the SDGs in environmental matters include agriculture, livestock, mining, electricity, construction, manufacturing, transportation and waste management.
These have been included in Mexico's first Sustainable Taxonomy, a classification system that identifies and defines activities, assets, or investment projects with positive environmental and social impacts, based on established goals and criteria.
20. What is the impact of the mining industry on the sustainability approach in Mexico?
The mining sector must face various challenges to align itself with sustainable development goals and continue to meet the needs of our country and the world for minerals for the development of daily activities.
As a result of the reforms made to the sector's regulations in 2023, it is necessary to address the need to protect natural areas and water bodies, improve water resource management, properly manage wastewater and mining waste discharges.
21. What is the impact of the Mexican Judicial Reform on sustainability in Mexico?
The proposal for constitutional reform of the judiciary, presented by President Andrés Manuel López Obrador, has sparked intense debate and divided opinion. On the one hand, it proposes the democratization of the judiciary through the election of its members by popular vote, which would increase the representativeness and legitimacy of the positions. On the other hand, there are objections to aspects that could pose risks to the rule of law and institutional stability, considering that it would affect the autonomy of the judiciary.
The independence and effectiveness of the judiciary are fundamental to resolving environmental disputes and enforcing the law effectively. This not only protects the environment but also inspires confidence in companies wishing to invest in sustainable projects in Mexico. By ensuring adequate legal protection and reducing corruption, a favorable environment for investment and economic development that respects the environment is established, while promoting sustainability, democratic principles and human rights.
The work of specialized environmental courts, the adoption of new procedural rules for environmental cases and the recognition of the right to a healthy environment as a fundamental human right are crucial. It is also essential to allocate sufficient resources to environmental courts, including human talent and training for judges and magistrates in environmental matters, to ensure that victims of environmental damage obtain justice.
22. What challenges does Mexico face in terms of meeting objectives and actions for the sustainable development of the country?
In order to meet the country's sustainable development goals, there are challenges related to achieving legal compliance for the implementation of projects that benefit such development. In other words, the public administration plays a very important role and faces significant challenges in streamlining project evaluation and permitting, encouraging domestic and foreign investment so that these projects can be implemented and contribute to reducing emissions, soil and water pollution, and protecting natural resources.
23. How can companies position themselves for success?
The first step to positioning yourself and achieving success is legal compliance with municipal, state, and federal environmental regulations. Once national guidelines have been met, improvement actions and higher goals can be implemented to improve operations and contribute to the sustainable development of the country.
