CDMX Mexico
The Mexican Center for Environmental Law (CEMDA) and the Inter-American Association for Environmental Defense (AIDA) filed an amparo lawsuit against the Agreement that modifies article 31 of the General Administrative Provisions that establish the guidelines for the prevention and comprehensive control of methane emissions from the hydrocarbon sector (hereinafter the amending Agreement), published by the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbon Sector (ASEA).
In their lawsuit, the complainants argue that the amending Agreement is contrary to the principle of progressivity and violates the human rights to a healthy environment, health, personal integrity and life, since it extends the deadline for regulated entities - those carrying out activities in the hydrocarbon sector - to comply with the obligation to prepare and submit a Program for the Prevention and Comprehensive Control of Methane Emissions from the Hydrocarbon Sector (PPCIEM) and their respective compliance report.
The complainants point out that ASEA justified the delay in the regulated entities' obligations by arguing that, due to the health emergency caused by COVID-19, there are still no Authorized Third Parties, which are one of the entities accredited to issue the opinion that must accompany the PPCIEM and the annual compliance report; however, the complainants assert that this excuse is not a sufficient reason to postpone compliance with the regulated entities' obligations, since the same Methane Provisions establish that "until there are Authorized Third Parties, the Regulated Entities may submit to the Agency for consideration a legal entity that demonstrates its experience and has national or international recognition in the scope of the activities to be evaluated."
In this regard, the complainants argue that the Amendment Agreement, by postponing compliance with the Methane Provisions, allows the Regulated Entities to continue emitting methane in an uncontrolled manner, and therefore request that it be declared unconstitutional.
On August 23, 2021, the trial court held a constitutional hearing in which it dismissed the amparo lawsuit, arguing that the plaintiffs had failed to demonstrate standing. Dissatisfied with this decision, the plaintiffs filed an appeal with a Collegiate Court, which held that the modification of the deadline for regulated entities to submit the PPCIEM (stipulated in the amending agreement) did not cause the plaintiffs any real and current harm to their legal rights. The court reasoned that the plaintiffs had not fully demonstrated their legal and legitimate interest in the challenged action. Thus, on March 17, 2022, the Collegiate Court upheld the lower court's ruling, thereby dismissing the amparo lawsuit.
The lawsuit argues that methane is one of the greenhouse gases that contributes most to climate change and that it is a short-lived climate pollutant (SLCP) that negatively affects air quality, so its emissions must be reduced.
It is noted that human rights such as the right to life, health, food, water, a healthy environment, an adequate standard of living, housing, property, self-determination, development and culture, as well as the rights of children and future generations, are being violated by the impacts of the climate crisis.
Furthermore, it is emphasized that the Mexican State has committed itself, in light of the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, to reduce methane leaks, venting and controlled burning by 25%, and that the amending Agreement encourages non-compliance with these commitments.
- Mexican Center for Environmental Law (CEMDA).
- Inter-American Association for Environmental Defense (AIDA).
- National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector (ASEA).
- Ministry of Environment and Natural Resources.
- Director of the Official Gazette of the Federation (DOF).
According to the lawsuit filed, methane emissions in Mexico represent 19% of total greenhouse gas emissions; of these, 25% come from the oil and gas sector.
In the first Nationally Determined Contribution (NDC) presented by Mexico in 2015, specifically regarding mitigation, the State made an unconditional commitment to reduce its GHG emissions by 22% and black carbon emissions by 51% by 2030, using the 2013 baseline as a reference. To meet these goals, the NDC expressly contemplates reducing methane leaks, venting, and controlled burning by 25%.
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.
- Hydrocarbons Law.
Beginning
- Prevention .
- Caution.
- Progressivity .