Mexico
Mexico's General Law on Climate Change was published in 2012, and it included the Climate Change Fund, a public trust created to increase existing resources to address climate change, whose objective was to attract and channel public, private, national and international financial resources to support the implementation of actions to address climate change.
In 2020, the Legislative Branch approved the elimination of 109 trusts, including the Climate Change Fund. This fund, established by the General Law on Climate Change, channeled resources to finance projects and programs related to climate change mitigation and adaptation. The elimination of the trust generated concern among environmental organizations due to the lack of transparency in resource management and the reduced capacity to address climate change.
On November 30, 2020, Greenpeace Mexico filed an injunction against the decree of November 6, 2020* that amended the General Law on Climate Change and extinguished the trust called “Climate Change Fund”, arguing that it violated the constitutional right to a healthy environment.
On March 30, 2023, a District Court dismissed the lawsuit, considering that the plaintiff's interest was not proven, since the entry into force of the challenged Decree did not immediately or imminently affect their subjective rights, given that they did not demonstrate that they were a beneficiary of the Climate Change Fund; or that they had any application in process to access the resources of the Climate Change Fund.
However, on April 17, 2023, when resolving the review, the Collegiate Court that heard the case revoked the dismissal, considering that the association did have a legitimate interest due to its scientific work in defense of the environment, and sent the matter to the Supreme Court due to the existence of a constitutional issue so that the case could be resolved on the merits.
On April 30, 2025, the First Chamber of the Supreme Court of Justice of the Nation (SCJN) stated that the extinction of the Climate Change Fund constituted a regressive measure that affected the right to a healthy environment and reduced the level of protection that had been achieved to safeguard it.
The court also found that the Decree eliminated the existing general rules governing the financing, evaluation, and oversight of projects and programs to address climate change, thereby undermining principles such as efficiency, transparency, and integrity in the use of public funds. Furthermore, it determined that the Legislative Branch had not adequately justified the elimination of the Fund.
As a result of the above, the Supreme Court granted the requested protection, so the Decree cannot be applied "now or in the future" in the procedures in which the association seeks to access public funds intended to mitigate the effects of climate change, including trusts or other similar instruments.
“Decree reforming and repealing various provisions of the Law for the Protection of Human Rights Defenders and Journalists; the Law on International Cooperation for Development; the Hydrocarbons Law; the Electricity Industry Law; the Federal Budget and Fiscal Responsibility Law; the General Law on Civil Protection; the Organic Law of the National Finance Institution for Agricultural, Rural, Forestry and Fisheries Development; the Science and Technology Law; the Customs Law; the Regulatory Law of the Railway Service; the General Law on Physical Culture and Sports; the Federal Law on Cinematography; the Federal Law on Fees; the Law of the Mexican Oil Fund for Stabilization and Development; the Law on Biosafety of Genetically Modified Organisms; the General Law on Climate Change; the General Law on Victims and repealing the Law that creates the Trust that will administer the Social Support Fund for Former Mexican Migrant Workers.”
In its complaint, the plaintiff organization states that the actions in question disregard Mexico's international commitments to combat climate change, while promoting discretion and violating the right to live in a healthy environment.
The legislative modifications made to the General Law on Climate Change, in particular the disappearance of the Climate Change Fund Trust, are contrary to this standard, since they limit the capacity of the Mexican State to access funds internationally and raise resources to implement climate change mitigation and adaptation projects.
The fund responded to the need for resources to address the climate crisis beyond political agendas or circumstances.
Furthermore, the legal guarantee that resources will be allocated to specific climate change mitigation and adaptation purposes in a progressive manner is being weakened.
In that sense, the modifications introduced via decree, through which the Trust disappears, constitute a measure that hinders compliance with the obligations established in the constitution in environmental matters, and, therefore, is regressive to the human right to a healthy environment.
- Greenpeace Mexico.
- Congress of the Union (Legislative Branch)
- President of the Republic
Socioeconomic conditions such as poverty and inequality, the fragility of natural ecosystems, and geographical and climatic characteristics make Mexico extremely vulnerable to climate change.
The effects of climate change are already tangible in the country. Over the past 50 years, average temperatures in the country have increased approximately 0.85°C above the climatological normal, which corresponds to the global increase reported by the Intergovernmental Panel on Climate Change (IPCC). It is expected that between 2015 and 2039, the average annual temperature in the country will have increased by 1.5°C, and by 2°C in the northern part of the country.
Climate change in Mexico has a complex territorial context, with significant impacts across various regions of the country. Mexico is highly vulnerable to the effects of climate change, with coastal, agricultural, and urban areas particularly exposed to phenomena such as droughts, floods, and rising sea levels.
Mexican coasts, especially in the Gulf of Mexico, are experiencing rising sea levels, which threaten coastal communities.
Climate change is affecting crops, such as corn and coffee, jeopardizing food security. The loss of forests and vegetation, as well as the shrinking of glaciers, are impacting the country's biodiversity.
The existence of a climate change fund in Mexico is crucial to addressing the magnitude of the impacts and designing effective adaptation and mitigation strategies. The country's vulnerability to extreme weather events, combined with climate variability, requires urgent action to protect populations, ecosystems, and production systems.
International agreements/treaties
- Paris Agreement
- Political Constitution of the United Mexican States
Beginning:
- Principle of non-regression.
National laws
Political Constitution of the United Mexican States.
General Law on Climate Change.