Mexico Proposes Significant Changes to its Environmental Legislation

Mexico published a legislative initiative on its Regulatory Governance Platform on May 14, 2026, proposing the enactment of the new General Law on Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente or LGEEPA). The current LGEEPA, enacted in January 28, 1988, has been subject to approximately 52 amendments to date.

The initiative contemplates the issuance of a new comprehensive law (rather than just amendments), reorganizing the environmental legal framework and incorporating new principles, planning tools and an expanded focus on biodiversity, restoration, environmental justice and public participation. The proposal is structured into five thematic titles addressing environmental policy instruments, biodiversity, sustainable use of natural resources, pollution control and public participation, and environmental information. A sixth title is included to regulate administrative investigation procedures and enforcement mechanisms, including updated sanctions.

If enacted, the initiative would entail a regulatory transition that would require: 1) harmonization of secondary regulations, 2) adjustments to administrative instruments and procedures, and 3) development of implementation criteria (e.g., guidelines, standards or technical regulations), to be adopted following the legislative process and implemented progressively.

Structure of the Proposal

The draft is organized into thematic titles as follows:

Title 1: General Provisions and Environmental Policy Instruments

The proposal updates key concepts, principles and objectives, expressly incorporating definitions for terms such as ecosystem services, circular economy, nature-based solutions and environmental protection principles including the “best interest of the environment” and the pro natura principle, which has been recognized and applied in international environmental protection instruments. It maintains the current allocation of powers and coordination mechanisms among federal, state and municipal authorities, including provisions for intergovernmental agreements.

With respect to environmental policy instruments, the proposal introduces the Strategic Environmental Assessment (SEA) for plans and programs, covering cumulative, synergistic and residual impacts. The Environmental Impact Assessment (EIA) framework is retained, with additional provisions concerning ecosystem services, cumulative impacts and public disclosure and consultation mechanisms. The proposal also incorporates Mexico's National Biodiversity Strategy and corresponding state-level strategies as formal policy instruments.

Title 2: Biodiversity

The project maintains the existing framework for natural protected areas, including their classification, zoning and management programs. It further expands the framework by introducing new designations such as geoparks, geo-volcanic zones, wetlands protection sites (taking into account Mexico’s obligations under the Ramsar Convention) and areas encompassing sacred sites, which may have particular relevance for consultation processes and land use planning considerations.

In addition, the bill incorporates conservation mechanisms known as "other effective area-based conservation measures" (OECMs), providing for their formal recognition and registration based on evidence-based criteria demonstrating effective conservation outcomes.

The proposal also regulates restoration zones and the National Environmental Restoration Program, including provisions governing their designation, use and implementation, as well as criteria for conservation and sustainable use of wildlife and surrounding buffer zones.

Title 3: Sustainable Use of Natural Resources

This section establishes rules and criteria for the sustainable use of water, aquatic ecosystems and soil, in coordination with applicable sectoral regulations. It incorporates circular economy principles related to the use of raw materials, product life cycles and waste valorization, with implications for environmental assessment processes and alignment with applicable legislation.

Title 4: Environmental Protection and Pollution Prevention and Control

The proposal also retains existing reporting instruments such as the pollutant release and transfer register and the Annual Operation Certificate (COA). It structures regulatory obligations, standards and control measures by environmental components such as air, water and soil, integrating preventive and corrective mechanisms.

In addition, the scope of regulation is expanded to include additional sources of pollution, such as light pollution, noise, vibrations and other physical factors that may affect public health, biodiversity and urban environments.

Title 5: Public Participation and Environmental Information

The proposal establishes formal mechanisms for public participation in environmental decision-making processes, as well as rules governing access to environmental information under the principle of maximum disclosure. It provides for public consultation procedures in instruments such as the EIA, including access to administrative files and the submission of comments, in accordance with applicable international commitments.

Title 6: Administrative Investigation and Enforcement Procedures

The proposal sets out a comprehensive framework for inspection, investigation and sanctioning procedures in cases of environmental noncompliance. It updates penalty thresholds, establishing fines ranging from 80 to 7.5 million Units of Measurement and Update (Unidad de Medida y Actualización or UMA), with the maximum equaling approximately MEX$879.8 million. Additionally, the proposal maintains other existing measures such as temporary or permanent closure (partial or total) and administrative arrest.

Key Differences from the Current LGEEPA

The proposal reorganizes the legal framework into a thematic structure oriented towards its implementation. It incorporates new environmental principles and concepts, as well as tools related to environmental valuation, equivalence and compensation, which may result in increased technical requirements and traceability in permitting and compliance processes.

The introduction of the SEA extends environmental oversight to earlier planning stages beyond the scope of the traditional project-level EIA. The proposal places additional emphasis on biodiversity protection and restoration mechanisms, expanding compliance approaches through instruments such as self-regulation, voluntary audits, certification schemes and verification mechanisms.

As this is a recently introduced initiative that remains subject to the applicable legislative process, close monitoring must be maintained regarding the discussions and subsequent drafts generated leading up to its potential approval and publication in Mexico’s Official Gazette of the Federation.

Please contact the authors should you have any questions.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.