Supreme Court of Mexico recognizes the right to environmental protection for a person living near an Ecological Reserve

On February 24, 2025, the Supreme Court of Justice of the Nation (SCJN) set a key precedent by recognizing that any inhabitant or user of an ecosystem can file an environmental injunction to demand its protection, even without demonstrating direct individual harm.

The decision benefited a Zapotec person who reported omissions by authorities in protecting the Benito Juárez National Park in Oaxaca against irregular occupations and constructions.

Scope of the Resolution

The ruling expands protection over protected natural areas:

  • Legitimate interest: it is no longer necessary to prove direct personal harm to access environmental justice.
  • Precautionary principle: the absence of scientific certainty does not justify denying the protection of an ecosystem.
  • Dynamic burden of proof: requires authorities to justify their actions and judges to gather additional evidence when there are indications of environmental damage.

The SCJN ordered the case file to be returned to the original court to resume the procedure and more thoroughly assess the complaints related to the Benito Juárez National Park.

Case Context

The injunction under review (file 450/2025) must be resolved again in accordance with the guidelines that strengthen the institutional obligation of oversight in protected areas.

The ruling strengthens the active role of authorities in environmental protection and opens the door for communities and citizens to legally defend their ecosystems.

environmental injunction
The SCJN ruling allows any inhabitant to file an environmental injunction to protect natural spaces.

The Benito Juárez National Park

Created in 1937, this park of 2,591 hectares hosts ecosystems of deciduous tropical forest, oak, and pine. Its environmental benefits include:

  • Air purification.
  • Hydrological and climatic regulation.
  • Mitigation of extreme events.
  • Water availability for much of the city of Oaxaca and nearby municipalities.

The biological richness is notable:

  • 230 species of resident and migratory birds.
  • 39 reptiles, 18 amphibians, 8 fish, and 67 mammals, all dependent on this environment.

A Ruling with Social Dimension

The resolution also reflects the importance of environmental justice as a tool for community defense. By recognizing that any inhabitant can demand the protection of an ecosystem, the SCJN strengthens citizen participation and the conservation of strategic natural areas.

The Supreme Court’s ruling marks a milestone in Mexican environmental jurisprudence, by expanding access to justice and reinforcing the constitutional right to a healthy environment.

The decision not only protects the Benito Juárez National Park but also lays the groundwork for communities across the country to defend their natural resources against threats of urbanization, exploitation, or institutional neglect.

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