Mexico
On June 22, 2022, Greenpeace Mexico filed an injunction with the Third District Court for Administrative Matters Specialized in Economic Competition, Broadcasting, and Telecommunications against the National Electricity System Development Program 2022-2036 (PRODESEN 2022-2036), a national public policy instrument regarding the development of the electricity system. The lawsuit argues that the program facilitates the disregard or non-compliance with climate commitments to reduce emissions due to the lack of promotion of renewable energy for electricity generation and the lack of progress in phasing out fossil fuels. This plan, published by the Ministry of Energy (SENER), details the projection and development of the country's electricity infrastructure for the next 15 years, encompassing the generation, transmission, and distribution of electricity to meet future demand.
The lawsuit alleges that the Program violates human rights, including the right to a healthy environment, because: (i) the electricity policy reflected in the Program does not include the development of a just energy transition strategy that promotes well-being, reduces the sector's negative social and environmental impacts, and respects and guarantees human rights. Furthermore, (ii) it delays the achievement of clean energy generation goals by 13 years and maintains the use of fuels with high social, environmental, and climate impacts, such as gas, fuel oil, and coal; (iii) and, finally, it perpetuates negative externalities that ultimately affect populations living in conditions of extreme marginalization.
The Program also notes that electricity generation using fossil fuels such as gas and fuel oil is and will continue to be favored; this will prevent Mexico from achieving its clean energy goals.
On January 24, 2024, the Third District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications dismissed the lawsuit, ruling that Greenpeace lacked standing to file the lawsuit, given that the Program did not cause the plaintiff direct, real and current damage.
The Court reached this decision by interpreting PRODESEN, as a planning instrument that integrates objectives and strategies with specific actions to be carried out by the Ministry of Energy based on an analysis of the energy sector, as establishing a series of related guidelines, objectives, and specific strategies. These objectives and strategies are indicative, and the document is merely declarative, generating no legal obligation, and therefore does not constitute an act that affects the plaintiff's rights.
Dissatisfied with the previous resolution, the complainant filed an appeal for review on February 24, 2024, which by reason of the turn corresponded to the Second Collegiate Circuit Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic.
On February 20, 2025, the Second Collegiate Circuit Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City, confirmed the decision of the District Court.
In its complaint, the complaining organization indicates that the actions complained of disregard the international commitments of the Mexican State, and that PRODESEN does not promote a sustainable public policy, nor is it in harmony with the climate commitments of our country.
It points to a lack of progress in overcoming the use of fossil fuels, by disproportionately favoring natural gas as a transition fuel and by the lack of adequate and sufficient promotion for the use of renewable energies for electricity generation and especially through the aforementioned distributed generation, with which PRODESEN opposes the constitutional mandates.
Finally, it states that said Program does not promote a sustainable public policy, nor is it in harmony with our country's climate commitments.
- Greenpeace, Mexico.
- Ministry of Energy.
Electricity generation in Mexico contributes significantly to climate change, being a major sector in greenhouse gas (GHG) emissions. Although the country has potential for clean energy, in 2022 only 26.1% of electricity was generated with a low carbon footprint, a figure below the 35% target set for 2024 in the Paris Agreement. Economic growth has driven electricity demand, increasing emissions from the sector, and current trends suggest that emissions could be higher than projected if the transition to clean energy is not accelerated.
In Mexico, 75.88% of electricity is generated from fossil fuels. The main technologies used for electricity production are thermoelectric, coal-fired, combined cycle, gas turbine, and internal combustion power plants. In this respect, the energy sector is the largest contributor to climate change.
Due to its geographic location, Mexico has a variety of climates and natural resources: 34% of the national territory is covered by forests and jungles, and it has an indigenous population of 7.4 million. These characteristics make it highly vulnerable to the effects of climate change.
International agreements/treaties
- Paris Agreement
National laws
- Political Constitution of the United Mexican States
- General Law on Climate Change
- Electricity Industry Law
- Energy Transition Law
Beginning
- Principle of prevention