Environmental Issues Along the U.S-Mexico Border

By Armando Barcena

The United States-Mexico border is the focus of much political debate surrounding the issue of immigration. The conversation surrounding immigration has resulted in actions to mitigate the presence of immigration, but environmental consequences of these actions are rarely discussed. On a practical level, the existence of a border wall to inhibit immigration has resulted in the need for a balancing act between issues of security and issues of environmental and human safety.[1] The environmental issues experienced in the border region can be framed within the larger context of human rights, as environmental rights have become seen as an extension of human rights.[2] The right to a healthy environment may not be explicitly recognized yet, but it is difficult to separate access to a healthy environment from established human rights.[3]

Environmental issues such as degradation of ecosystems, rapid population growth, and pollution along the border region between the United States and Mexico has posed challenges for the human communities and the environment alike.[4] Clean water is a resource that is scarcely available in the border region because there is not many wastewater treatment facilities, resulting in water that is polluted.[5] Air pollution resulting from vehicle traffic and industrial sources is another danger that is pervasive in the border region.[6] Issues of waste management have resulted from the lack of poor infrastructure and the establishment of polluting factories due to the economic benefits of moving a business across the border.[7]

The United States government in a partnership with the Mexican government worked to resolve some of the issues through Border 2020: U.S.- Mexico Environmental Program. The U.S.-Mexico coalition identified goals to address issues of air pollution, access to clean water, and management of materials that contributed to pollution.[8] In order to reduce air pollution in the region, the coalition vowed to promote the reduction of the number of motor vehicles in the area.[9] Furthermore, the coalition sought to establish air monitoring systems that would aide in reducing emissions and mitigating impacts of the pollution.[10] In order to improve access to clean water, the coalition sought to help wastewater providers establish infrastructure to reduce contamination.[11] In order to mitigate the amount of waste, the collation promised to increase training at the local and state level on how to properly dispose of waste.[12]

The United States and Mexico have since updated their strategy through an updated program called Border 2025.[13] In this iteration of the border program, the coalition reflected back on the goals outlined in Border 2020 and acknowledged that, as a result of the efforts, drinking water, sewage, and sanitation services in the Mexico border region were far above the national average.[14] In Border 2025, the coalition stressed the commitment to address issues of environmental justice in the border region where minority groups are disproportionately affected by air pollution.[15] One way to accomplish this goal is to increase cooperation with different agencies to ensure vehicle compliance with emissions standards.[16] In order to improve water quality in the region, the coalition has identified the need to address water treatment in the Tijuana River Watershed by building, operating, and maintaining treatment works in the watershed.[17] In order to minimize the issue of waste management, the coalition has outlined the cooperation between local, state, tribal, indigenous, and Afro-Mexican communities.[18] In Border 2020 the coalition failed to realize the impact that community groups could have, but the inclusion of these groups in the goals of Border 2025 shows a step towards including all parties that are affected by the environmental challenges of the region.[19]

One U.S. state in particular, Texas, has shown initiative to partner with Mexico in order to deal with the environmental issues plaguing both jurisdictions. Texas seeks to accomplish this goal through the Border Affairs team, which represents the Texas Commission on Environmental Equality in the larger effort to address environmental issues in the border region.[20] Illustrative of this commitment is an agreement between the state of Texas and Mexican state of Chihuahua to exchange knowledge and experience related to the environment, water, energy, and transportation.[21] Through this memorandum, the two states have agreed to broaden the use of technology in order to protect natural resources, promote conservation, and smart use of available energy.[22]

To conclude, in addition to facing challenges about immigration, the U.S.-Mexico border is plagued with environmental issues. It can be argued that many of these issues have arisen in part due to the border protections that have been utilized to limit immigration. Regardless of their origin, the environmental issues include lack of access to clean water, regulating air pollution, and difficulty building infrastructure to manage waste. Recently, the United States and Mexico have worked together through their Border Programs to address issues facing the border region. While the coalition has set goals to minimize these issues, it may be difficult to measure the success. Another concern is how to address issue of accountability between the two countries.

[1] Vanessa Jimenez, On the Fence: Sustaining National Security and Defending

Environmental Laws at the U.S.-Mexico Border, 3 Seattle J. ENVTL. L. 41, 48 (2013).

[2] David Fisher, The U.S.-Mexico Border Wall and the Case for Environmental Rights, 50

TEX. INT'l L. J. 145, 150 (2015).

[3] Id.

[4] See International Programs, U.S. - Mexico Border Environmental Health Initiative, USGS, https://www.usgs.gov/international-programs/us-mexico-border-environmental-health-initiative

[5] Diana M. Liverman, et. al, Environmental Issues Along the United States-Mexico Border: Drivers of Change

and Responses of Citizens and Institutions, Annu. Rev. Energy Environ., 24, 609, (1999).

[6] Id. at 610.

[7] Michael A. Fallek, Trouble on the U.S.-Mexico Border: The Mysterious Anencephaly

Outbreak, 31 TEX. INT'l L. J. 287, 288 (1996).

[8] See Border 2020: U.S.-Mexico Environmental Program, https://www.epa.gov/sites/default/files/documents/border2020summary.pdf

[9] Id. at 18.

[10] Id. at 19.

[11] Id. at 21.

[12] Id. at 23.

[13] See Border 2025: United States- Mexico Environmental Program, https://www.epa.gov/sites/default/files/2021-05/documents/final_us_mx_border_2025_final_may_6.pdf

[14] Id. at 12.

[15] Id. at 13.

[16] Id. at 14.

[17] Id. at 17.

[18] Id. at 20.

[19] See supra note 4; see supra note 9.

[20] See Texas Commission on Environmental Quality, Environmental Issues in the Texas Portion of the U.S.-Mexico Border Area, https://www.tceq.texas.gov/border.

[21] TCEQ, Memorandum of Cooperation between the Government of The State of Texas and the State of Chihuahua, https://wayback.archive-it.org/414/20210527215950/https://www.tceq.texas.gov/assets/public/border/Texas-Chihuahua-MOC-05.23.2019.pdf

[22] Id.