Mexico leader defiant after high court rules tourist train, other works not national security issues

FILE - Rogelio Jim茅nez Pons, director of Fonatur, points to a map of a planned tourist train line through the Yucatan Peninsula known as the Maya Train, during an interview in Mexico City, March 18, 2019. Mexico鈥檚 Supreme Court ruled Thursday, May 18, 2023, the government cannot simply decree that tourist trains or other public work projects are issues of 鈥渘ational security,鈥 because that violates the public鈥檚 right to information. (AP Photo/Marco Ugarte, File)

MEXICO CITY (AP) 鈥 Mexico鈥檚 Supreme Court ruled Thursday the government cannot simply decree tourist trains or other public work projects to be issues of 鈥渘ational security,鈥 but hours later President Andr茅s Manuel L贸pez Obrador published a similar order in defiance of the decision.

The order handed down by high court was the latest in a string of legal setbacks for the president who has sought to broaden the discretionary powers of the presidency. The court said deeming public works projects to be matters of 鈥渘ational security鈥 violates the public's right to information about such works.

L贸pez Obrador has tried to rush through some of his pet programs, including the in the Yucatan Peninsula, by exempting them from normal permitting and public reporting, claiming it is vital to national security.

And just hours after the Supreme Court ruled, the president published an order in the Official Gazette of the Federation putting a similar approach into force for projects, including the Maya Train.

It was unclear whether Thursday鈥檚 ruling involved only the public鈥檚 right to get information on spending, costs and other data on such projects, or whether it also repeals the fast-track permitting process. The court is scheduled to discuss and vote on the full range and implications of the ruling Monday.

Even more uncertain was the effect of the president鈥檚 reinstatement of the 鈥渘ational security鈥 designation hours later. In addition to the Maya Train, his new decree covers an economic corridor that will cross the narrowest part of the country, the Isthmus of Tehuantepec, and several airports in that southeast area.

L贸pez Obrador is already angry at the court for , and has called for a change to make the Supreme Court an elected body. At present, slates of potential justices are suggested by the president, but elected by the Senate.

In July, L贸pez Obrador's government invoked national security powers to forge ahead with a tourist train along the Caribbean coast that where some of the oldest human remains in North America have been discovered.

L贸pez Obrador is racing to finish the Maya Train project in the remaining two years of his term amid objections of environmentalists, cave divers and archaeologists.

The government had paused the project in 2022 after activists won a court injunction against the route, because it cut a swath through the jungle for tracks without previously filing an environmental impact statement.

But the government invoked national security powers to resume the track laying. The measure also makes it easier for the government to withhold information on such projects.

In November 2021, L贸pez Obrador's government issued a broad decree requiring all federal agencies to give automatic approval for any public works project the government deems to be 鈥渋n the national interest鈥 or to 鈥渋nvolve national security.鈥

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