Los Mochis, Sinaloa.- The Supreme Court of Justice of the Nation (SCJN) confirm the sentence appealed initially ruled by the Sixth District Court in the State of Sinaloa, in favor of the Mayo-Yoreme community, of the Lázaro Cárdenas fishing camp, municipality of Ahome.
The confirmation of the sentence of amparo in revision 496/2021 of the amparo trial 528/2018 refers to the claim of amparo against acts of the general director of environmental impact and risk of the Ministry of the Environment and Natural Resources (Semarnat), consisting of the issuance of the resolution on environmental impact, by means of which the project of the ammonia plant of the company Gas y Petroquímica de Occidente (GPO).
The Judicial Power of the Federation, through the SCJN also ruled, to support and protect the complaining community for the purposes of the appealed ruling and with the conditions established in the last considering of this executory, that is, those related to the realization prior consultation with the other indigenous communities that are within the area of impact of the project.
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The last recital, according to the complaining party, that is, the Mayo-Yoreme community, of the Lázaro Cárdenas fishing camp, says that the indigenous communities that have their settlement in the project’s impact zone should be investigated, with which intends to respect the right to prior consultation.
In the third resolution of the appeal for review by the rapporteur minister, Alberto Pérez Dayán, from the second chamber of the SCJN, resolves to leave the adhesive appeal without effect, that is, it leaves without effect the appeal for review promoted by Semarnat for the amparo 496/2021, of the amparo trial 528/2018.
The protection in favor of the indigenous community temporarily stops the construction of the fertilizer plant in Topolobampo until the conditions established in the last recital of the file are met.
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The resolution voted unanimously by the five ministers of the Supreme Court of Justice of the Nation says:
“Amparo in review: 496/2021 of the amparo trial: 528/2018, proposes, first, the appealed sentence is confirmed. Second, the justice of the union shelters and protects the complaining community for the purposes of the appealed decision and with the conditions established in the last recital of this executory, third, the adhesive resource is without matter.
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