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Environmental obligations during COVID-19

As a result of the COVID-19 pandemic declared by the World Health Organization, and recent measures adopted by several countries in response, you will find below certain considerations in connection with the fulfillment of legal  environmental obligations; whether this arise from: (i) authorizations, concessions, licenses or permits, (ii) general provisions (laws, regulations, Mexican official standards, etc.), or (iii) agreements entered by private parties (“Environmental Obligations”).

If a sanitary contingency is declared as a consequence of COVID-19, Environmental Obligations could be breached in case it is impossible to comply with them as a result of the implemented measures. In such case, the nature of the Environmental Obligation shall be analyzed, and it must be determined if, due to the contingency, any liability exemption could apply in accordance with the applicable legislation (e.g., act of God or force majeure).

As a preventive measure we recommend, that you identify your Environmental Obligations and those of third parties which noncompliance might cause a legal contingency for your business. The foregoing, to perform a risk analysis and thus be able to design and implement a legal strategy to minimize the associated impacts of the COVID-19 sanitary contingency, if declared.

On the other hand, it is worth mentioning that the Federal Judiciary has suspended activities in order to avoid crowds and the spread of COVID-19. Among others, the suspension implies that judiciary terms will be put on hold, except for the judicial entities that are on call to deal with urgent matters.

Should you have any comments or doubts in connection with the above, please do not hesitate to contact us.

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