Climate Litigation Cases in Latin America and the Caribbean

Members of the Mexican Senate filed a constitutional challenge against the Decree reforming various provisions of the Electricity Industry Law , published in the Official Gazette of the Federation (DOF) on March 9, 2021. They argue that these changes affected free competition, the environment, and the Mexican State's international commitments and obligations regarding the environment and climate change, for the following reasons:

The Río Playa Ejido filed a lawsuit to challenge the formulation, execution and publication of the Management Program for the Protected Natural Area of the Rio Playa Ecological Reserve, arguing that the participation of the guardians of the territory, who are fundamental to the preservation of nature, in this case, the ejido members, was not prioritized.

In late 2021, Oceana Mexico filed a lawsuit alleging that the Mexican Congress had failed to create effective general regulations for the restoration or recovery of depleted or overexploited fish species. The lawsuit argued that the General Law on Sustainable Fisheries and Aquaculture was ineffective.

The organization Greenpeace Mexico promoted an injunction against (i) various provisions of the Electricity Industry Law (LIE), reformed and added by decree published on March 9, 2021 in the Official Gazette of the Federation; (ii) the National Electricity System Development Program 2020-2034 (also known as PRODESEN) of the Ministry of Energy; (iii) the Business Plan 2021-2025 of the Federal Electricity Commission (CFE); and (iv) the CFE's Electricity Industry Strengthening Plan.

The organization Greenpeace Mexico filed a lawsuit against PROSENER 2020-2024, section XXII of article 3 of the Electricity Industry Law (LIE) and the diversion of resources allocated for the adaptation and mitigation of the effects of climate change, provided for in Annex 16 of the Federal Expenditure Budget for the fiscal year 2020.

Six civil associations, along with the #YouthForOurFuture collective, made up of more than 20 youth groups, filed an injunction against the reform to the Electricity Industry Law, published in the Official Gazette of the Federation on March 9, 2021. The plaintiff organizations include Nuestros Derechos al Futuro y Medio Ambiente Sano, AC; Alianza Juvenil por la Sostenibilidad, AC; Naj Hub, AC; Consejo Interuniversitario Nacional de Estudiantes de Derecho, AC; and Ágora Ciudadanos Cambiando México, AC

A group of young people, accompanied by the Northwest Environmental Defense organization, filed a lawsuit against the Mexican government to demand that it comply with the General Law on Climate Change and issue the regulations and public policies derived from it.

The Mexican Center for Environmental Law (CEMDA) filed an indirect amparo lawsuit against several amendments approved by the Federal Congress to the General Law on Climate Change (LGCC). Specifically, the amendments concerned: 1) the elimination of the Climate Change Fund (FCC); 2) the dissolution of the assets held in the FCC through a trust; and 3) the transfer of resource allocation for climate change mitigation and adaptation actions through the federal budget, to the detriment of the FCC.

The Mexican Center for Environmental Law (CEMDA) filed an amparo lawsuit against Resolution RES/893/2020, dated May 28, 2020, and the Notice published in the Official Gazette of the Federation on June 10, 2020, issued by the Federal Electricity Commission (CFE), through which the rates that electricity generators from renewable sources must pay for the transmission service of the energy transmitted to users (Stamp Duty Rates) were disproportionately increased (from 500% to 800%).

Greenpeace Mexico, in a joint strategy with the Mexican Center for Environmental Law, filed an injunction against the Agreement to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System, issued by the National Energy Control Center and the Agreement that issues the Policy of Reliability, Security, Continuity and Quality in the National Electric System, published by the Ministry of Energy.