Victor Fuentes
Reform Agency
Friday, February 03, 2023 | 07:45
Mexico City.- A federal judge would have revoked yesterday the provisional suspension that, since January 16, prevented the logging and clearing of the jungle for Section 5 of the Mayan Train, from Cancun to Tulum.
Adrián Zepeda Novelo, First District Judge in Yucatán, resolved a request from the National Fund for Tourism Promotion (Fonatur) to revoke the suspension, which was issued by the Administrative and Labor Collegiate Court of the Fourteenth Circuit, as part of an amparo of the collective #SélvameDelTren.
Although the court did not publish Zepeda’s resolution in its entirety, everything indicates that the suspension was revoked, because Fonatur presented the authorization to change the use of land for forest land on January 25, the non-existence of which was what led the collegiate court to grant the suspension.
“The statements that the complainant made regarding the legality of the document on the change of land use for forest land displayed in these proceedings are not ignored; however, this cannot be a matter of pronouncement in the suspension incident,” said the judge. , indicating that you have already revoked the suspension.
On January 6, Zepeda had denied the provisional suspension in this amparo, since the Ministry of Environment and Natural Resources (Semarnat) authorized the Environmental Impact Statement (MIA) of the two subsections of Section Five since July 2022, which in turn, it allowed the suspensions that the same judge had issued in April to stop the work to be eliminated.
The collegiate court, however, considered that the change of use of forest land is a different procedure from the MIA, and the respective authorization document did not exist in the file.
Nine days after this sentence, Fonatur already had the change of land use, which corresponds to the General Directorate of Forest and Soil Management of Semarnat itself.
For Section Five, of 111 kilometers, it is required to clear 767 hectares of jungle, according to the respective MIA. The estimated cost of this part of the train will be almost 60 billion pesos.
Zepeda will resolve on February 23 on the definitive suspension of protection 2878/2022, which will be denied, since the judge already has the criteria that, with environmental authorization, he does not have the power to stop the work.
Since August, the judge has pending a decision on whether the Government violated the suspensions that it issued in various amparos, when it resumed works on Section Five, arguing for reasons of national security, since the authorities involved have not submitted their reports on the facts to the court for months.
