Ciudad de México Mexico
The organization Greenpeace Mexico filed a lawsuit against PROSENER 2020-2024, section XXII of article 3 of the Electricity Industry Law (LIE) and the diversion of resources allocated for the adaptation and mitigation of the effects of climate change, provided for in Annex 16 of the Federal Expenditure Budget for the fiscal year 2020.
The plaintiff claims that the challenged regulations violate the human rights to a healthy environment, health, access to electricity from renewable sources, and legality, and disregard the international commitments of the Mexican State adopted through the 2030 Agenda for Sustainable Development (2030 SSD) and the Paris Agreement on climate change and the energy transition. Specifically, the plaintiff alleges that the PROSENER program "makes national development dependent on the use of fossil fuels"; that section XXII of article 3 of the LIE (Electricity Industry Law) "establishes an overly inclusive definition of clean energy, which is not limited to renewable energy sources [...], but also includes other sources that are not clean energy"; and that the regulations divert resources allocated for climate change adaptation and mitigation because these resources would be used by the Federal Electricity Commission (CFE) for natural gas transportation services.
In this regard, the complaining organization requests the declaration of unconstitutionality of the challenged acts, and that the national energy policy promote an energy transition guided by the sustainability component and in accordance with the ADS 2030.
Initially, the lawsuit was assigned to the Third District Court for Administrative Matters in Mexico City, which declared itself legally incompetent due to subject matter; subsequently, the Second Court for Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, accepted the declined jurisdiction and granted the definitive suspension of PROSENER, specifically regarding the priority objectives and specific actions that oppose the promotion of the use of renewable energies and the reduction of pollutants in the energy sector.
On September 21, 2020, after the corresponding incidental hearing had been held and the necessary requirements had been met, the Judge issued a resolution granting Greenpeace Mexico the definitive suspension of priority objectives 6.1, 6.2 and 6.6, and section 7, specific actions 1.1.2, 1.2, 1.3, 1.4, 1.5.2, 1.5.8, 1.6, 2.1.4, 2.3.3, 2.3.6, 2.3.7, 4.1, 4.2.5, 4.4.1, 4.5.1, 5.2.1, 5.3, 5.4, 6.4.7 of the Program; Considering that compliance with the international commitments adopted by Mexico "could be affected by the issuance and execution of the program in question, since it essentially limits the generation of clean energy and prioritizes the use of fossil fuels, so much so that specific actions are established such as the use of fuel oil for electricity generation."
In February 2021, an extension of the amparo lawsuit was requested against Annexes 15 and 16 of the Federal Expenditure Budget for the fiscal year 2021 - which establish the resources for the adaptation and mitigation of the effects of climate change - since, according to the plaintiff, the resources could be allocated for purposes other than those established .
However, in March 2021, the definitive suspension was denied, since it would affect the social interest if a precautionary measure were granted to prevent public entities from exercising the public spending that has been assigned to them in the Federal Expenditure Budget.
The Court indicated that the allocations of budgetary resources in said annexes pursue a public purpose for the community in general and, by themselves, do not generate a direct and immediate impact on the environment that the complaining party defends, beyond that it alleges that they were "diverted" from their purpose.
The Office in Mexico of the United Nations High Commissioner for Human Rights issued an opinion (not public) on this case.
In its lawsuit, the complaining organization indicates that the acts complained of disregard the international commitments of the Mexican State adopted through the 2030 Agenda for Sustainable Development (ADS 2030) and the Paris Agreement on climate change and the energy transition.
In the resolution granting the definitive suspension, the Court stated the following:
"Through the 2030 Agenda for Sustainable Development, the signatory countries committed to incorporating climate change measures into their national policies, strategies and plans.
Through the Paris Agreement, Mexico committed, among other things, to reducing these gases by 22% and black carbon by 51%, as well as generating 35% clean energy by 2024 and 43% by 2030.
Thus, this Court considers that compliance with the aforementioned international commitments could be affected by the issuance and execution of the program in question, since it essentially limits the generation of clean energy and prioritizes the use of fossil fuels, so much so that it establishes specific actions such as the use of fuel oil for electricity generation."
- Greenpeace Mexico.
- Chambers of the Congress of the Union.
- President of the Republic.
- Ministry of Energy.
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
- Rio Convention on Environment and Development.
- United Nations Framework Convention on Climate Change.
- Paris Agreement.
- 2030 Agenda for Sustainable Development (ADS 2030).
- Promulgatory Decree of the Agreement on Environmental Cooperation between the Governments of the United Mexican States, the United States of America and Canada; Political Constitution of the United Mexican States.
- General Law on Climate Change.
- Energy Transition Law.
- Electricity Industry Law.
- Energy Sector Programme 2020-2024.
- National Climate Change Strategy. Vision 10-20-40.
- Transition Strategy to Promote the Use of Cleaner Technologies and Fuels.
Beginning
- Sustainability.
- Caution.
- Prevention.
- Progressiveness.
- Interdependence .