Border 2012 U.S.-Mexico Environmental Program: Will a Bottom-Up Approach Work?, The

Georgetown International Environmental Law Review, Spring 2004 by Zorc, Eileen

I. INTRODUCTION

On April 4, 2003, the United States and Mexico signed the Border 2012: U.S.-Mexico Environmental Program (Border 2012).1 Border 2012 contains goals to reduce water and land contamination and air pollution, as well as to improve environmental health along the international border.2 The two countries aim to achieve these goals through local input from states, local governments, and citizens. The legal basis of this bi-national environmental program is the 1983 Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area, or the "La Paz Agreement."3 Border 2012 applies to the border region defined in the La Paz Agreement, extending over 2,000 miles between the Pacific Ocean and the Gulf of Mexico and 62.5 miles (100 kilometers) on each side of the border.4

As the framework document for Border 2012 indicates, this region suffers from environmental problems in both its urban and rural areas.5 The urban areas have experienced rapid population growth, producing typical problems of "unplanned development, greater demand for land and energy, increased traffic congestion, increased waste generation, overburdened or unavailable waste treatment and disposal facilities, and more frequent chemical emergencies."6 Currently, there are about 11.8 million people in the border region, with the number expected to rise to 19.4 million by 2020.7 A recent news article reports that "population growth rates in twin cities on both sides of the border are more than double the national average in their respective countries."8 Beyond the cities, rural communities encounter environmental problems including airborne dust, pesticides, and limited access to water and proper waste treatment facilities.9 In general, residents in the region "suffer disproportionately from many environmental health problems, including water-borne diseases and respiratory problems."10 For example, fecal contamination has caused Hepatitis A outbreaks in the Rio Grande River Valley."

This note examines one of the major principles of Border 2012 - the commitment to a bottom-up approach - and raises questions about how this process might unfold. Because communication, both among residents and between residents and officials, plays an important role in preventing pollution, handling emergencies caused by pollution, and addressing environmental health concerns, local participation has been targeted as an essential means of improving the environment in the region.12 The goal of enabling local officials and community residents to play a lead role in the decision-making process, however, poses a significant challenge, particularly in Mexico, where decision-making is currently highly centralized. As this note discusses in Part III, further decentralization of political decision-making and fiscal authority needs to occur in Mexico to make this goal possible.13

The Guiding Principles section of the framework document declares that state, local, and U.S. tribal governments should be involved in "setting priorities and making decisions."14 Subpart B below describes the various groups and task forces that will try to ensure that this bottom-up vision is fulfilled. For these entities to be able to shape and help implement the projects developed through Border 2012, local officials and community leaders in both countries must be involved in the initial decision-making process.

Progress toward improved environmental conditions might be achieved, but there are a few significant uncertainties that threaten the success of the goal of meaningful inclusion: 1) whether the decentralized approach will work, especially given the extent of federal control in Mexico; 2) how indigenous groups in Mexico will participate both informally and formally in Border 2012; and 3) whether sufficient money and energy will be devoted to communicating with and engaging local communities. Before engaging in that analysis, this note will first provide a brief discussion of the history of U.S.-Mexico environmental coordination and describe the goals and initial stages of Border 2012 in Part I, and give an overview of a few key environmental concerns in the border region in Part II. Then, Part III will analyze the challenges of achieving the plan for local participation. Finally, Part IV will examine the challenge of ensuring Mexican indigenous peoples' participation in Border 2012. The question of sufficiency of funds and dedication to the program will be addressed in both of these sections and in the conclusion.

A. BRIEF HISTORY ON U.S.-MEXICO COORDINATION ON THE ENVIRONMENT

Mexico and the United States have negotiated various treaties, commissions, and understandings to address key concerns about water along the border. In 1889, the United States and Mexico formed an agreement setting up the International Boundary Commission (IBC) to address concerns about the boundary when the Rio Grande and the Colorado River altered their course.15 This agreement was later replaced by the Water Utilization Treaty in 1944, which renamed the IBC as the International Boundary and Water Commission (IBWC).16 The IBWC consists of a U.S. section and a Mexican section, with a commissioner leading each from their respective headquarters in El Paso, Texas and Ciudad Juarez, Chihuahua.17 Pursuant to the 1944 Treaty, the IBWC handles water allocation questions, water quality and border sanitation problems, and other water management issues.18 The U.S. Department of State and the secretariat of Foreign Relations of Mexico coordinate joint action and agreements recorded in the form of Minutes, which will become binding obligations once approved by both governments.19