The Justice of Mexico unanimously determined that it is valid to charge fees to those who pollute rivers through discharges of wastewater.
This was recently defined by the Supreme Court of Justice of the Nation (SCJN) of Mexico, in a decision that sets a precedent for environmental protection in the country.
The ruling established that both companies and individuals must pay for polluting rivers and federal water bodies, prioritizing the right to a healthy environment.
It should also be clarified that this will apply even when it is not possible to directly measure the discharged volume.
Court Minister Arístides Guerrero García was the one who drafted the project that supports this resolution.
According to the document, the measure seeks to encourage industrial companies to install measurement systems and maintain controls over the quality of the pollutants they discharge.
How the charge for polluting rivers will work
The Federal Law on Rights establishes the corresponding payment for the discharge of wastewater that causes pollution in rivers.
Thus, when it is not possible to quantify the discharged volume, the regulation states that an average must be applied according to articles 277-A and 277-B, reinforcing the legal framework against river pollution.
These provisions indicate that, in the absence of direct measurement, the calculation should be made with the average of the discharges made during the last four quarters.
However, the presiding minister Hugo Aguilar Ortiz emphasized during the Plenary session that not only the volume of the discharges should be considered.
“There are industries that monitor these parameters to stay within the permitted limits,” the official noted.
The measure specifically applies to polluting discharges in rivers and public water currents:
- Drains that flow into rivers
- Other water bodies under federal jurisdiction
Minister Guerrero García explained that these rules comply with the principle of tax equity and aim to discourage river pollution through their discharges.
The distinction is made between discharges that have measurement systems and those that are carried out without precise control of the volume, all with the aim of reducing pollution of federal rivers.
The million-dollar case that inspired the norm
The amparo in review 233/2025 exemplifies the practical application of this regulation regarding river pollution and the corresponding charge.
This refers to a company linked to the steel industry that made wastewater discharges into federal water bodies.
As a result, a charge exceeding $ 2.2 million (more than u$s 125,000) was imposed for a quarter of discharges.
At the time, the company filed an amparo lawsuit, arguing that the calculation method was not appropriate.
The company argued that the distinction between measured discharges and unmeasured ones was incorrect, defending its position even for situations of industrial river pollution.
However, the project approved by the SCJN concluded that the charge is constitutional, so the amparo was denied.
This resolution represents a significant advance in the fight against river pollution in Mexico.
The authorities seek for companies to implement careful discharges and assume the economic responsibility of their industrial discharges.
The ruling also reinforces the protection of the natural environment and establishes a stricter legal framework for industries.
The SCJN made it clear that the right to a healthy environment prevails over particular economic interests, especially in matters such as the pollution of Mexican rivers.
