Mexico
Two NGOs, Nuestros Derechos al Futuro y Medio Ambiente Sano, AC, and Centro Mexicano de Derecho Ambiental (CEMDA), filed an amparo lawsuit against the Energy Regulatory Commission (CRE), challenging "Resolution No. A/018/2023", which updates the reference values of the methodologies to calculate the efficiency of electrical energy cogeneration systems and the criteria to determine efficient cogeneration, as well as the percentage of fuel-free energy.
The contested resolution allows a fraction of the electricity generated by combined cycle power plants fueled by fossil gas to be considered as clean energy, "relaxing" the criteria for efficient cogeneration and affecting the definition of fuel-free electricity generation.
On July 21, 2023, the First District Court for Administrative Matters Specialized in Economic Competition, Broadcasting, and Telecommunications denied the request for a permanent injunction. In August 2023, the organizations appealed this decision, and the appeal is pending resolution by the Collegiate Court.
On May 16, 2024, the Collegiate Court upheld the decision to deny the injunction. Subsequently, injunction case 256/2023, filed by the Mexican Center for Environmental Law and Our Rights to a Healthy Future and Environment, was resolved on March 14, 2025. The Court determined that the Federal Courts do not grant the plaintiffs protection against the acts and authorities cited.
The ruling emphasized that the challenged actions and their justification were deemed inoperative, as they failed to demonstrate the unconstitutionality of the challenged agreement. Furthermore, the court recognized the legitimate interest of the plaintiff associations given their social objective focused on environmental protection. However, the complaints regarding potential impacts were considered future and uncertain, leading to the denial of the injunction.
The organizations argue that this agreement violates the right to a healthy environment because it promotes the use of fossil fuels to generate energy that can be labeled "clean." The consequence of the agreement is that it will falsely increase the percentage of clean energy generated in Mexico, but greenhouse gas emissions will not be reduced. Furthermore, it is argued that this measure is regressive, as it eliminates the incentive to promote renewable energy generation and reduce greenhouse gas emissions. These modifications incentivize the oil industry to continue generating electricity, halting the energy transition in Mexico.
- Our Rights to a Future and a Healthy Environment AC
- Mexican Center for Environmental Law -CEMDA-.
- Energy Regulatory Commission.
- National Commission for Regulatory Improvement.
The Mexican government has made national and international commitments to reduce greenhouse gas emissions by 22% and black carbon emissions by 51% by 2030, without conditions—that is, using its own resources. Furthermore, it has set targets for generating electricity from clean technologies: 25% by 2018, 30% by 2021, and 35% by 2024.
However, the publication of CRE Agreement A/018/2023 contradicts these efforts, as it seeks to consider as clean energy a fraction of the electricity generation from combined cycle power plants based on fossil gas, which has negative impacts on the climate, air quality and human health.
The energy transition is necessary to limit global warming, but it must be carried out with a human rights approach and through technologies and energy sources that are truly clean. If implemented, Agreement A/018/2023 would artificially bring the Mexican State closer to meeting the clean energy generation targets established in Mexican legislation; however, it would move it further away from fulfilling its commitments regarding emissions reductions.
Standards
- Political Constitution of the United Mexican States
- Energy Transition Law
- Charter of the Organization of American States
- Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights
- United Nations Declaration
- Rio Declaration
- Paris Agreement
- United Nations Framework Convention on Climate Change
- Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean.
Beginning
- Principle of progressivity
- Precautionary principle