The new Federal Law on Environmental Responsability regulates the responsibility that arises from the damages caused to the environment, as well as the repair and compensation of these when it is required through the federal judicial processes provided for by article 17 of the Constitution, the alternative mechanisms of solution of controversies, administrative procedures and those that correspond to the commission of crimes against the environment and environmental management.

The person responsible will be obliged to pay a financial penalty when the damage is caused by a malicious act or omission in any of these cases: any action or omission related to hazardous materials or waste; the use or operation of boats on coral reefs; the performance of activities considered as Highly Risky, and those assumptions and conducts provided for by article 1913 of the Federal Civil Code.

The amount will be determined based on the damage produced that will be accessory to the repair or compensation of what is caused to the environment and will consist of the payment for an amount equivalent to: three hundred to fifty thousand days of the general minimum wage in force in the Federal District, when the responsible is a natural person, and from one thousand to six hundred thousand days of the current general minimum wage, when the person responsible is a legal person.

Consequently, PROFEPA clarifies that the environmental liability regime recognizes that the damage caused to the environment is independent of the patrimonial damage suffered by the owners of the elements and natural resources and recognizes that sustainable national development must consider economic, social and environmental values.