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Goodrich Riquelme’s Merla urges US companies to make carbon Offset investments in Mexico

Despite the fact that the United States did not ratify the Kyoto Protocol, Mexican law firm Goodrich, Riquelme y Asociados’ Gabriela Merla says U.S. investors stand to gain from the clean development mechanism (CDM). During today’s OnPoint, Merla, who heads up Goodrich Riquelme’s climate change practice and its Paris office, explains how U.S. investors can link up with emission offset project developers in Mexico to work within the CDM. She addresses the level of risk associated with this type of investment and also discusses long term concerns about the CDM.

Environmental liability

In Mexico as in many other countries, environmental liability is a highly important matter for legal entities. Directors or legal representatives are responsible for acts or omission offenses.

Under the Federal Civil Code (“Code”) legal entities are liable for the damages and injuries caused by their legal representatives arising through the performance of their duties. However, the Code also recognizes that whoever makes payment for the damages and injuries caused by the employees, workers or officers may claim restitution for such amounts from the person who committed the act. There are two ways to pay damages to the victim, either by restore the situation to its previous conditions or by indemnifying the victim.

Environmental Bulletin. January 2009.

The new Regulation of the Waste Law for Mexico City (“Regulation”) came into force on January 2, 2009. The Regulation contains, among others, provisions concerning the management of non-hazardous waste in Mexico City.

It provides that the ownership and responsibility of handling, transport and disposal of solid wastes, falls to the generator, unless those wastes are transferred to the competent authority or to an authorized private company.

Said responsibility ends at the point at which waste is deposited in authorized containers or on sites approved by the competent authority or when delivering to the Mexico’ City Collection and Public Services personnel.

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