Mexico
On May 26, 2023, Agreement No. A/018/2023 of the Energy Regulatory Commission was published in the Official Gazette of the Federation, updating the reference values of the methodologies for calculating the efficiency of electrical energy cogeneration systems and the criteria for determining efficient cogeneration, as well as the efficiency criteria and calculation methodology for determining the percentage of fuel-free energy established in resolutions RES/003/2011, RES/206/2014, RES/291/2012 and RES/1838/2016, respectively.
In July 2023, Greenpeace Mexico filed an injunction against Agreement No. A/018/2023, arguing that it was entirely unconstitutional because it violated Articles 3, 4, 13, 12, and 13 of the Paris Agreement, as well as Articles 1, 4, and 6 of the Political Constitution of the United Mexican States. Among the arguments presented, it was pointed out that the Agreement does not promote, but rather hinders, the accuracy of environmental information on the subject it regulates, and that it was a regressive measure that compromises the Mexican State's compliance with its climate obligations and undermines the principle of legality.
The lawsuit mentioned that in 2015 the Mexican State committed itself, along with the international community, to address the 2030 Agenda for Sustainable Development (the 2030 ASD), and directly link objectives 7, 7.1, 7.2, 7.a, 7.b, to its energy policy goals.
It was also argued that Agreement No. A/018/2023 allows a fraction of the electricity generated by combined-cycle power plants fueled by fossil gas to be considered clean energy, "relaxing" the criteria for efficient cogeneration and the definition of fuel-free electricity generation. The organization stated that the agreement violates the right to a healthy environment because it promotes the use of fossil fuels to generate energy that can be categorized as "clean." The consequence of the agreement is that the percentage of clean energy generated in Mexico will artificially increase, but greenhouse gas emissions will not be reduced. Furthermore, this measure is regressive, as it eliminates the incentive to promote renewable energy generation and reduce greenhouse gas emissions, and the resolution will prevent Mexico from fulfilling its international obligations regarding climate change.
The Third District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications with residence in Mexico City, on July 21, 2023, denied the requested precautionary measure, consisting of preventing the effects and consequences of Agreement No. A/018/2023.
In August 2023, Greenpeace asked the Court to review the previous decision, and in April 2024, the Second Collegiate Circuit Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, based in Mexico City, revoked the decision and granted the definitive suspension.
The constitutional hearing was held in August 2024.
On July 22, 2025, a judgment was issued dismissing the amparo lawsuit. In September of the same year, the plaintiff filed an appeal against the ruling before the Specialized Circuit Court, and on May 13, 2026, the court upheld the appealed judgment, although for reasons different from those expressed by the district judge.
The lawsuit alleges that Agreement No. A/018/2023 of the Energy Regulatory Commission violates the constitutional right to a healthy environment by allowing a fraction of the electricity generated by combined cycle power plants fueled by fossil gas to be considered as clean energy, that is, it promotes the use of fossil fuels to generate energy that can be classified as "clean".
The consequence of the agreement's entry into force is that it will falsely increase the percentage of clean energy generated in Mexico, but it will not reduce greenhouse gas emissions. Furthermore, the measure is regressive, as it eliminates the incentive to promote renewable energy generation and reduce greenhouse gas emissions. These modifications encourage the oil industry to continue generating electricity, halting Mexico's energy transition.
- Greenpeace, Mexico.
- Energy Regulatory Commission
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 Agreement A/018/2023 by the Energy Regulatory Commission (CRE) 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.
International agreements/treaties
- Paris Agreement
National laws
- Energy Transition Law
- General Law on Climate Change
- Political Constitution of the United Mexican States
Beginning
- Principle of Prevention
- Principle of Progressivity
- Precautionary Principle