New rules dealing with contaminated soil remediation will require property owners or possessors to do cleanup, regardless of fault.

      On Oct. 8, 2003, a new law called the “Law for the Prevention and Integral Management of Waste” was published in Mexico's Official Federal Gazette. This law became effective Jan. 8, 2004.

            The law contains a chapter on contaminated soil remediation. Any party that causes soil contamination, must remediate and/or respond for any damages caused to third parties. This is consistent with the polluter pays principle found in most Civil Codes. Parties causing soil pollution, may also incur in administrative or criminal liability, depending on how serious the effect over the environment or public health may be.

      What makes this law particularly important is that it introduces a joint liability principle that requires owners or possessors of contaminated land to remediate, regardless of fault. In other words, if there is soil contamination, the property owner or possessor (a lessee, for example) are jointly liable for remediation, even if neither caused contamination. Any of them will have the right to file a civil action against whoever the liable party may be.

      Prior to the enactment of this law, a manufacturing company for example, could argue (and demonstrate) that by not causing contamination, it was not legally required to do a cleanup. This argument will now be irrelevant, since by simply owning or leasing contaminated property, a cleanup obligation will exist.

      The law also requires parties holding a concession over federal property to remediate if there is soil contamination. For example, a company holding a concession to extract water will have to do a cleanup...

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