PEMEX Fracking Wells in Nuevo Leon Face Water Safety Risks

The Commission for Environmental Cooperation (CEC) has released a factual record highlighting serious concerns about sustainable water use and safety protocols at two PEMEX-operated hydraulic fracturing wells in Nuevo Leon. Published on July 3, the report exposes significant enforcement gaps in Mexico’s regulations governing fracking activities.

This record originates from Submission SEM-18-003, submitted in October 2018 by residents of Los Ramones and China, Nuevo Leon. Following this, Council Resolution 23-05 tasked the CEC with evaluating Mexico’s compliance with federal laws related to sustainable water management and safety standards.

Drilling began in 2013 (Tangram-1) and 2014 (Nerita-1) as part of PEMEX’s Burgos Basin Project, encompassing over 6,493 wells in northeast Mexico. The report points out that prior to drilling, no water sources were formally identified nor were water concessions granted. Information on aquifer impacts is incomplete, and water quality analyses lack detailed data on contaminants and chemical properties.

Inspections conducted by ASEA in March 2022 and reviews by Conagua revealed that neither agency holds the authority to regulate fracking-related water use. Consequently, neither can manage wastewater discharge from hydraulic fracturing.

Under the NAAEC and USMCA frameworks, the CEC factual record is intended to provide an impartial account without issuing policy recommendations. After the initial submission was deemed valid in 2020, Mexico responded in April stating the wells had yet to enter the extraction phase. The draft record was circulated in June 2024 and finalized following review by Canada and the United States. The report’s key findings include a lack of authorization for water use, depletion of groundwater reserves, absence of monitoring for heavy metals and toxins, and significant enforcement weaknesses.

Transparency issues are also noted, including missing Environmental Impact Assessments as required by LGEEPA Article 28, insufficient public engagement, and limited oversight of safety procedures.

While refraining from direct recommendations, the record stresses the legal obligations in place and highlights areas where enforcement has been deficient, providing stakeholders with an objective overview of Mexico’s fracking regulation enforcement.

The release of this record comes amid growing calls from energy experts to expand exploratory fracking. At the 2024 Future of Energy in Mexico Forum, organized by the Belisario Domínguez Institute and the Senate Energy Commission, Fluvio Ruíz of CIDE emphasized fracking’s role in achieving Mexico’s energy independence, citing the country’s heavy reliance on imported natural gas—over 70%. Ruíz urged for “a serious and informed debate on the exploitation of unconventional reservoirs.” Enrique Silva, Director of Procurement at Regulatory Consulting, reinforced this urgency by noting that 57% of Mexico’s energy reserves are unconventional, underscoring the need for significantly increased exploratory efforts.

Nonetheless, the community’s complaint to the CEC highlights compliance and operational risks for energy companies, regulators, and investors in the hydraulic fracturing sector—particularly in water-stressed regions like Nuevo León. The complainants allege PEMEX violated Articles 1.1 and 15.2 of the General Law on Ecological Balance and Environmental Protection, along with Articles 1, 2, 28, and 54 of the Federal Law on Environmental Responsibility. Furthermore, they claim PEMEX breached several binding international treaties, including agreements under the Rio de Janeiro Declaration, the World Summit on Sustainable Development, and the UN’s 2015 Sustainable Development Agenda.