Col. Mexico
In August 2024, a group of female fisherwomen, accompanied by the Tsikini AC organization from the State of Colima, filed an injunction against various authorities, including the Federal Electricity Commission (CFE), for the damage caused by the Manzanillo Thermoelectric Power Plant (the second largest thermoelectric plant in Mexico, which uses fuel oil and gas), alleging the violation of the human right to a healthy environment, to health, and the lack of compliance with climate commitments.
The case was referred to the Third District Court in the State of Colima (court of first instance) which decided to grant a definitive suspension.
The lawsuit was partially admitted. Only the suspensions requested by the plaintiff were partially granted, and therefore complaints and appeals were filed against the suspensions not granted and the complete denial of the lawsuit.
The trial is currently suspended pending the resolution of the review regarding the inadmissibility of the chapter concerning the impact on human health. This is necessary to proceed with the presentation of evidence and the constitutional hearing. The definitive suspension remains in effect.
The lawsuit alleged:
Lack of access to information on pollutants or data on the emissions from the thermoelectric plant and/or their effects.
Failure to measure hidden externalities, such as human, environmental and climate health, which currently cause serious damage.
Lack of mitigation measures and compliance with environmental and climate laws.
Destruction of the Cuyutlán lagoon, the fourth most important wetland on the Mexican Pacific coast, and
Failure to meet climate commitments, resulting from the operation of the thermoelectric plant.
Transition to clean energy and effective monitoring.
As part of the suspension, the judge ordered the authorities, within the scope of their functions and powers, to take the pertinent actions (public policies) to safeguard the complainants' right to a healthy environment and, (i) immediately monitor the natural water body known as Laguna de Cuyutlán and verify whether actions are being taken to protect the ecosystem that comprises it; (ii) examine whether the General Manuel Álvarez Moreno Thermoelectric Plant located in that locality is complying with the regulatory provisions regarding environmental matters and in the process of electricity generation and fuel gas storage, in order to prevent water and air pollution in the area; (iii) if they find that activities are being carried out that are detrimental to the environment, issue measures to prevent pollution and achieve the remediation of the lagoon; that is, they must take the necessary measures to control and limit pollutants in the fuel gas storage process, as well as in the electricity generation process at the thermoelectric plant; (iv) provide access to information on pollutants and their impact in an accessible manner to the population of the town of Cuyutlán, which they must do twice a year, so that the appropriate preventive measures can be taken to safeguard their physical integrity, information that must be published in the media or on the website used for that purpose and, (v) provide medical attention to the population of the town who present any alteration to their health as a consequence of the environmental pollution generated by the thermoelectric plant
The initial lawsuit asked the judiciary to evaluate the impacts of pollutant dispersion and to estimate the effects on human health and climate change caused by the thermoelectric plant in the surrounding area, mainly in the Cuyutlán Lagoon.
The lawsuit emphasizes, in essence, the climate implications of the operation of the Thermoelectric Plant, as its operation represents a failure to comply with the Mexican State's climate policy (goals committed to within the framework of the Paris Agreement) and calls into question the energy transition model followed so far in the country.
- People from the fishing community of the Cuyutlán Lagoon
- Tsikini AC
- Ministry of Environment and Natural Resources (SEMARNAT).
- Federal Attorney's Office for Environmental Protection (PROFEPA).
- Ministry of Energy (SENER).
- Federal Electricity Commission.
The Cuyutlán Lagoon, in the state of Colima, is considered the fourth most important wetland in Mexico. It borders Manzanillo Bay and the thermoelectric power plant. This lagoon was included in the Ramsar Convention's List of Wetlands of International Importance in 2011, recognizing its importance as a wetland of international significance for biodiversity conservation.
Its ecosystem is home to a significant diversity of flora and fauna, notably its mangrove community, made up of the white mangrove (Laguncularia racemosa), the red mangrove (Rhizophora mangle) and the black mangrove (Avicennia germinans), which serve as a habitat for migratory birds, fish and invertebrates.
The site also protects species under special protection, as well as endemic species, including the lilac-crowned Amazon parrot (Amazona finschi), the great horned owl (Bubo virginianus), the banana bat (Musonycteris harrisoni) and the Mexican mud turtle (Kinosternon integrum).
Over the years, the Manzanillo Thermoelectric Plant has generated pollution problems for both marine fauna and the environment, as fuel spills have occurred causing damage to the mangroves.
International agreements/treaties
- Paris Agreement.
- Escazú Agreement.
- Pact of San Salvador.
National laws
- Political Constitution of the United Mexican States.
- General Law of Ecological Balance and Environmental Protection.
Beginning
- Prevention principle.
- Principle of Progressivity.