CDMX Mexico
Six civil associations, along with the #YouthForOurFuture collective, made up of more than 20 youth groups, filed an injunction against the reform to the Electricity Industry Law, published in the Official Gazette of the Federation on March 9, 2021. The plaintiff organizations include Nuestros Derechos al Futuro y Medio Ambiente Sano, AC; Alianza Juvenil por la Sostenibilidad, AC; Naj Hub, AC; Consejo Interuniversitario Nacional de Estudiantes de Derecho, AC; and Ágora Ciudadanos Cambiando México, AC
The main argument of the lawsuit is that the Mexican State is constitutionally obligated to carry out climate change mitigation and adaptation measures, which implies designing and implementing an energy policy that favors the gradual replacement of fossil fuels with renewable energy. The reforms to the law eliminate the obligation to dispatch the cheapest energy first, prioritizing the coal and fuel oil power plants of the Federal Electricity Commission (CFE), and eliminate the purchase of basic electricity through long-term auctions, which previously prioritized renewable energy.
The plaintiffs argue that these rules and omissions violate the constitutional right to a healthy environment, specifically the right to a safe climate, and that the energy transition is crucial to guaranteeing this right and fulfilling Mexico's international commitments in the Paris Agreement, which includes a goal of reducing greenhouse gas emissions by 22% by 2030.
The case was admitted by the trial judge on March 26, 2021, and on April 7, 2021, a permanent injunction was granted, preventing the application of the challenged regulations until the court ruled on the merits of the case. However, the authorities filed an appeal against this decision, which is currently pending resolution by the Collegiate Court.
On August 18, 2022, a Collegiate Court for Administrative Matters revoked the definitive suspension, once again allowing the amendments to be applied. On September 7, 2022, the Office of the President filed an appeal against the admission of the amparo lawsuit, which is still pending resolution. The Court of First Instance suspended the proceedings on September 30, 2022.
On December 15, 2022, the District Court ruled in favor of the plaintiffs, declaring that the amendments violate the right to a healthy environment and the Paris Agreement by favoring electricity generation from fossil fuels. The decision recognized that NGOs have standing to file injunctions and that the Mexican government has an obligation to increase the proportion of clean energy in the electricity sector.
On December 28, 2022, the Mexican government appealed the District Court's decision, and this appeal is also pending resolution by the Collegiate Court.
Important note: This amparo lawsuit is related to another amparo lawsuit filed by 214 young people as individuals, not through a civil association. Both lawsuits are part of the same litigation strategy.
The lawsuit, based on available scientific information, explains what climate change is and its consequences for Mexico, and specifically for Mexico City, where the young plaintiffs reside. Furthermore, the lawsuit argues that Mexico's geographical characteristics, coupled with significant inequality and high rates of poverty and extreme poverty, make it particularly vulnerable to the serious consequences of global warming.
It is worth noting that the lawsuit refers to international treaties that the Mexican State has signed and ratified, which establish a set of specific obligations and goals that Mexico should fulfill in terms of reducing CO2 and other greenhouse gases (GHG). Such is the case, for example, of Mexico's Nationally Determined Contribution (NDC), in which it commits to a 22% reduction in GHG emissions by 2030.
It is also worth highlighting that, today, for Mexico, the most important window of opportunity for mitigating the effects of climate change is the energy transition of the electricity sector. Hence the relevance of this litigation.
- Our Rights to a Future and a Healthy Environment AC
- Youth Alliance for Sustainability, AC
- Naj Hub, AC
- National Interuniversity Council of Law Students, AC
- Agora Citizens Changing Mexico, AC
- Congress of the Union.
- President of the United Mexican States.
According to the Special Climate Change Program 2014-2018, 12.5% of the most vulnerable municipalities in the country are in Mexico City (currently boroughs).
The report "Mexico City's Vision addresses international, national and local climate policy up to 2015" indicates that, in the area of health, the hypothetical scenario of an increase of 1°C to 2°C in the average annual temperature of the City would increase the spread of vector-borne diseases, in addition to other health consequences, such as an increase in the incidence of allergic reactions and asthma due to the dispersion of allergens.
Regarding water resources, the Mexico City Government has estimated that by 2050 there will be a reduction in the natural availability of water due to climate change of between 13-17% for the city.
Regarding the biological diversity of Mexico City, it is predicted that by 2050 there will be a reduction in oyamel, pine-alive, pine and mountain mesolo forests; also a reduction in grassland areas and species.
Standards
- Paris Agreement.
- American Convention on Human Rights (“Pact of San José de Costa Rica”).
- United Nations Framework Convention on Climate Change.
- Kyoto Protocol.
- Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador).
- United Nations Declaration.
- Rio Declaration.
- Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).
- Political Constitution of the United Mexican States.
- General Law on Climate Change.
- Energy Transition Law.
- Electricity Industry Law.
Beginning
- In dubio pro actione.
- Sustainable development.
- Caution.
- Progressiveness
- Best interests of minors.
- Legitimate interest.
- Intergenerational equity.