Mexico Supreme Court upholds Peña Colorada protected area, no prior hearing

The Supreme Court of Justice of the Nation (SCJN) ruled that the declaration of the Peña Colorada area as a Natural Protected Area (ANP) is constitutionally valid and does not require a prior hearing of landowners or ejidatarios. The decision responded to amparos filed by ejidatarios and a company with land inside the 4,843‑hectare zone in the municipalities of Querétaro and El Marqués.

The Court held that ANP declarations impose permissible limitations to protect ecosystems and the right to a healthy environment, not a deprivation of property. While a prior hearing is not mandatory, the law provides a participation mechanism during the decree drafting, allowing owners to submit observations. The ruling also affirmed that authorities must address fiscal incentives and compensation for affected ejidal owners under environmental law.