Federal judge invalidates Alux 33 environmental permit in Quintana Roo

A federal judge in Quintana Roo has ruled that the state Secretariat of Ecology and Environment (SEMA) exceeded its authority by granting environmental authorization for the Alux 33 condominium project in Puerto Morelos. The Ninth District Court determined that because the site is linked to a coastal wetland and mangrove ecosystem, the legal competence to evaluate environmental impact rests with federal authorities rather than the state.

The ruling, stemming from an injunction filed by the civil association Defendiendo el Derecho a un Medio Ambiente Sano (DMAS), requires SEMA to nullify the previously issued permit. The court rejected arguments that the current lack of visible mangrove vegetation on the plot justified state intervention, emphasizing that the legal nature of the ecosystem is the deciding factor.

This decision follows a prior rejection of the project's environmental impact statement by the federal Secretariat of Environment and Natural Resources (Semarnat). The court also noted that SEMA's own technical opinions had previously warned that the project did not comply with standards for protecting coastal wetlands and mangroves.