On March 14, 2025, it was published in the Federal Official Gazette ("DOF"), the Decree issuing the new Internal Regulation of the Ministry of Environment and Natural Resources (the "New Regulation"), which effective date of statute was March 16, 2025, and annulled the previous Internal Regulation published in the DOF on July 27, 2022.
This article reviews the main changes in the organic structure of the Ministry of Environment and Natural Resources ("SEMARNAT"), as well as the creation of new concepts, amendments and creation of administrative departments, and their attributions.
For the first time, the New Regulation introduces the following concepts:
Environmental Regulations: Refers to the legal norms related to environmental protection and the preservation or restoration of ecological balance contained in the Political Constitution of the United Mexican States, international treaties to which the Mexican State is a party, the General Law of Ecological Balance and Environmental Protection, the Federal Law of Environmental Responsibility, the General Law of Climate Change, the Law of National Waters, the Law of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbon Sector, the General Law for the Prevention and Comprehensive Management of Waste, the Mining Law, the Law on Biosafety of Genetically Modified Organisms, the General Wildlife Law, the General Law on Sustainable Forest Development, the Law on Dumping in Mexican Marine Zones, the General Law of National Assets, and other laws containing provisions that SEMARNAT is responsible for applying, as well as the official Mexican standards and regulations derived from the aforementioned laws.
Environmental Sector: Refers to the administrative units and decentralized administrative bodies of SEMARNAT, as well as the parastatal entities sectorized to it.
Administrative Investigation Procedure: Refers to the procedure initiated as a result of a popular complaint or the initiation of an ex officio investigation, through which the Federal Attorney’s Office for Environmental Protection ("PROFEPA") will investigate any act, event, or omission that causes or may cause environmental damage or may constitute a violation or lack of application of Environmental Regulations.
Recognition of Facts: Refers to the visits carried out by PROFEPA to verify compliance with Environmental Regulations and the acts, events, or omissions that generate or may generate environmental damage.
One of the main changes set forth in the New Regulation consists in the new structure of SEMARNAT’s Undersecretariats, as noted below:
It is important to highlight the attributions and organizational structure of the General Directorates ascribed to this new Undersecretariat:
• General Directorate of Policies for Climate Action: Focused on designing, implementing, and evaluating policies and strategies to mitigate greenhouse gas emissions and adapt to the effects of climate change, coordinating efforts with other government entities and sectors of society.
• General Directorate of Sustainable Urban Environmental Promotion and Performance: Dedicated to promoting and supporting urban development and the construction of environmentally sustainable housing, fostering practices that minimize the environmental impact of cities and improve the quality of life of their inhabitants.
• General Directorate of Alliances and Strategic Projects for the Circular Economy: This Directorate aims to establish strategic alliances with the private sector to promote the circular economy through innovative and sustainable projects. Its work involves mobilizing resources and promoting the adoption of environmentally responsible business practices.
Specific actions which will impact on the industrial sector
Climate change matters:
• Implementation of the emissions trading system as established in the General Law on Climate Change ("LGCC").
• Development and implementation of climate financing instruments, as established in the LGCC and the Special Climate Change Program.
• Promotion of the creation of environmental promotion instruments that encourage actions for climate change mitigation and adaptation.
• Coordination of the implementation of climate financing instruments.
• Development of training programs and support for the private sector to enable effective participation in the Emissions Trading System provided for in the LGCC.
Circular economy matters:
• Development of plans and programs that encourage private sector collaboration to accelerate climate action, as well as the development of promotion instruments and the promotion of sustainable production and consumption patterns.
• Establishment of alliances with the social and private sectors, promoting climate change adaptation and mitigation, as well as signing agreements for the monitoring, application, and evaluation of strategic alliances.
• Implementation of specific policies, strategies, and actions that promote the transformation of the private sector towards sustainable production and consumption patterns.
• Design of plans for the comprehensive management of urban solid waste and special handling waste and for the promotion of the circular economy.
Environmental urban sustainable performance matters:
• Development and implementation of regulatory and environmental promotion instruments to protect natural resources and ecosystems, in the area of comprehensive management of urban solid waste and special handling waste, urban development activities, mobility, and tourism.
• Design of standards, criteria, and environmental promotion instruments for the application of environmentally sustainable and harmless processes and technologies to ecosystems.
• Participation of those responsible for mobility, urban development, services, and tourism in the design, implementation, and evaluation of standards, programs, and environmental promotion actions to induce the sustainable development of activities in these sectors.
• Promotion with the private sector of the creation of sustainable infrastructure.
• Directing the design of environmental performance certification systems in the area.
To conclude, it is important to mention that Chapter XI of the New Regulation addresses significant changes to the structure and responsibilities of PROFEPA. Due to its importance, the analysis of the changes to such institution and the environmental justice policies, will be analyzed in a subsequent article.
You can consult the full text of the Decree of the New Regulations here.
For any questions or comments regarding this note, please do not hesitate to contact the members of the Environmental Law practice at the email: ambiental@macf.com.mx
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