Ciudad de México Mexico
Greenpeace Mexico, in a joint strategy with the Mexican Center for Environmental Law, filed an injunction against the Agreement to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System, issued by the National Energy Control Center and the Agreement that issues the Policy of Reliability, Security, Continuity and Quality in the National Electric System, published by the Ministry of Energy.
The plaintiff organization argues that the challenged Agreements contravene the right to a healthy environment and other related human rights, since they constitute a hindrance to renewable energies and their consequent displacement by more polluting sources, which undermines the energy transition and translates into the Mexican State's non-compliance with its national and international commitments on climate change.
In this regard, the plaintiff requests that the challenged Agreements be declared unconstitutional and that no further strategies, policies, programs, agreements, criteria, acts and any other regulations be issued that undermine the energy transition and the fight against climate change, and specifically hinder or obstruct the progressive use of renewable sources in the electricity sector.
The case was resolved in the first instance by the Second District Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and Jurisdiction throughout the Republic, granting the protection to the organization Greenpeace, given that the challenged agreements "promote the production and use of non-renewable energies and limit the generation of clean energies to the detriment of the natural environment and in contravention of international commitments", that "the execution of its provisions implies a risk of damage to the right to a healthy environment" and that they "imply the implementation of regressive measures in relation to the right to a healthy environment, since instead of contributing to increasing the goals of minimum participation of clean energies in the generation of electricity, they reduce them or inhibit their progress."
Against the sentence, the defendant authorities filed an appeal for review, which was declared inadmissible by a Collegiate Court.
Implementation
In August 2021, CENACE informed the Court of First Instance that, in compliance with the sentence issued, on June 16, 2021, it published a statement addressed to the general public, in which it informs that the "Agreement to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System" was declared invalid.
The plaintiff argues in her lawsuit that the challenged Agreements, by halting the commissioning of renewable energy plants, undermine progress in meeting climate change mitigation commitments. In short, the plaintiff contends that the challenged Agreements are unconstitutional because they impede "the energy transition and lead to non-compliance with climate change commitments, as a consequence of displacing renewable energy sources."
For its part, the Court in the ruling points out that, "despite the multiple duties that the Mexican State has assumed at the international and national levels in the fight against the effects of climate change, as well as the commitments regarding the reduction in the generation of greenhouse gases and compounds," the execution of the challenged agreements promotes the consumption of fossil fuels that "affect the environment to a greater extent, due to the amount of greenhouse gases and compounds they produce," and therefore do not contribute "to mitigating the effects of climate change, which impacts the universal interest owed to present and future generations."
- Greenpeace Mexico.
- Mexican Center for Environmental Law (CEMDA).
- Chambers of the Congress of the Union.
- President of the Republic.
- National Energy Control Center.
- Ministry of Energy.
- Energy Regulatory Commission.
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.
In 2015, the Mexican State committed through its Nationally Determined Contributions (NDCs) to reduce “22% of its greenhouse gas emissions and 51% of black carbon by 2030” and to “generate 35% of clean energy in 2024 and 43% by 2030”.
Standards
- United Nations Framework Convention on Climate Change.
- Paris Agreement.
- American Convention on Human Rights.
- Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador).
- Advisory Opinion 23/17, of the Inter-American Court of Human Rights, on the Environment and Human Rights.
- Political Constitution of the United Mexican States.
- General Law on Climate Change.
- Energy Transition Law.
- Electricity Industry Law.
- National Climate Change Strategy. Vision 10-20-40.
- Transition Strategy to Promote the Use of Cleaner Technologies and Fuels.
Beginning
- In dubio pro natura.
- Prevention.
- Caution.
- Progressiveness.
- Intergenerational equity.
- Legality.
- Interdependence .