Mexico
On March 10, 2021, Greenpeace Mexico filed an injunction with the First District Court for Administrative Matters Specialized in Economic Competition, Broadcasting, and Telecommunications, challenging the constitutionality of the amendments to the Electricity Industry Law and the National Electricity Sector Development Program 2020-2034. In its lawsuit, Greenpeace also requested the suspension of the implementation of both regulations. The plaintiff argued that the regulations displaced the use of renewable energy sources in electricity generation in favor of polluting fossil fuel sources, thus violating Mexico's international commitments on climate change.
The First District Court for Administrative Matters Specialized in Economic Competition, Broadcasting, and Telecommunications granted a permanent injunction against the implementation of both the Law and the National Electric System Development Program. The court agreed with the plaintiffs that the regulations could potentially violate the right to a healthy environment by halting the energy transition.
The suspension was appealed by the authorities. On September 13, 2022, the First Collegiate Court for Administrative Matters Specialized in Economic Competition, Broadcasting, and Telecommunications reversed the district court's decision, denying the suspension. The court argued that the potential harm that could arise from the challenged regulations was contingent upon the need to modify and reform other regulations. In this sense, the harm was not immediate enough to warrant granting the suspension.
On January 9, 2023, the District Court ruled in favor of Greenpeace, declaring that the amendments to the Electricity Industry Act, as well as the Program, violated the right to a healthy environment by prioritizing energy generated through fossil fuels. On February 9, 2023, the decision was appealed to uphold the plaintiff's claims.
On January 24, 2024, the Third District Court for Administrative Matters Specialized in Competition, Broadcasting, and Telecommunications ruled that Greenpeace lacked standing to file the lawsuit because the National Electricity System Development Program 2020-2034 did not cause the plaintiff any direct, actual, and current harm. The court further interpreted the Program as a planning instrument that integrated objectives and strategies with specific actions to be carried out by the Ministry of Energy based on an analysis of the energy sector, and established a series of related guidelines, objectives, and specific strategies. These objectives and strategies are merely indicative, and the document is purely declaratory, not creating any legal obligation, and therefore does not affect the plaintiff's rights. The case was subsequently dismissed.
The complaining organization questioned the constitutionality of the amendments to the Electricity Industry Law and the National Electricity Sector Development Program 2020-2034. It requested the suspension of the implementation of both regulations, arguing that they displaced the use of renewable energy sources in electricity generation in favor of polluting fossil fuel sources, thus violating Mexico's international commitments on climate change.
- Greenpeace, Mexico
- Congress of the Union (Chamber of Senators and Chamber of Deputies)
- President of the Republic
- 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.
International agreements/treaties
- Paris Agreement
National laws
- Political Constitution of the United Mexican States
- National Development Program for the Electricity Sector of Mexico 2020-2034
- Electricity Industry Law
Beginning
- Principle of prevention
- Precautionary principle