Residents vs. authorities over the redesign of airspace in the Valley of Mexico

Location

CDMX Mexico

Status
Resolved on appeal
Start date
April 20, 2021
Date of judgment or latest existing decision
June 19, 2023. The appeal for review against the first instance judgment was admitted for processing.
Summary

Residents of southern Mexico City, including children and people aged 60 and over, filed a lawsuit against the Federal Civil Aviation Agency (AFAC) and the Mexican Air Navigation Services (SENEAM) for the redesign of the airspace of the Valley of Mexico.

The plaintiffs argue in their initial complaint that the airspace redesign violates the following rights:

  1. Right to legality due to the lack of any official document that provides support and allows understanding its basis.

  2. Right to information and participation in environmental matters, because it was initiated without prior information or adequate opportunity for public participation.

  3. Right to a healthy environment, both due to noise pollution, and due to violations of climate commitments due to the emission of greenhouse gases (GHG) caused by aviation.

As a precautionary measure, the plaintiffs requested the court to halt the effects and consequences of the airspace redesign in the Valley of Mexico, and that the air routes in this area be restored to the situation that existed before March 25, 2021—the date on which the first phase of the redesign began. Additionally, they requested that the announced second phase of the redesign not proceed.

And as reparations they requested 1) the declaration of unconstitutionality of the challenged acts and the annulment of all their consequences and 2) guarantees of non-repetition, including: (i) that if it is truly necessary, in the eventual redesign of the airspace of the Valley of Mexico, first and foremost, the informed participation of the citizens of the affected region be allowed; (ii) that the constitutional mandate of sustainability and the reduction of polluting and GHG emissions be strictly observed; (iii) that the redesign and any public policy instrument on which it is based promote the fulfillment of alternative projects and measures in line with the mitigation commitments regarding climate change, as well as the care of the environment guided by the sustainability component and in accordance with the 2030 Agenda for Sustainable Development; and (iv) that they do not hinder the progressive replacement of aviation with alternative means of transport.

The court denied the definitive suspension; consequently, the complainants filed an appeal, which confirmed the appealed decision, that is, it denied the definitive suspension and declared the cross-appeal moot.

In March 2023, the Court issued a ruling dismissing the case, arguing that the plaintiffs had failed to demonstrate a legitimate interest in bringing the suit . The plaintiffs filed an appeal for review of this ruling, which is currently pending before a Collegiate Court specializing in Administrative Matters.

Climate element

The lawsuit addresses the link between climate change mitigation and the human right to a healthy environment. It argues that the Mexican State is obligated to reduce greenhouse gas emissions from aviation fuels—in order to guarantee the right to a healthy environment—in accordance with the Paris Agreement, the General Law on Climate Change, and the 2030 Agenda for Sustainable Development.

Furthermore, the plaintiffs indicate that the indiscriminate increase in air traffic is unconstitutional because it is a non-progressive measure to curb GHG emissions caused by aviation, since instead of promoting less polluting means, what the authorities are seeking is contrary to sustainable development.

Claimants
  • Residents of Mexico City, including children and people aged 60 and over.
Defendants
  • Federal Civil Aviation Agency (AFAC).
  • Air Navigation Services in Mexican Airspace (SENEAM).
Territorial context

The Metropolitan Area of the Valley of Mexico (ZMVM or Valley of Mexico) covers approximately 7,866 km² and comprises the 16 boroughs of Mexico City, 59 municipalities in the State of Mexico, and one municipality in the State of Hidalgo, where 17% of the country's population resides. Among the most pressing environmental problems affecting this area are poor air quality — coupled with the emission of gases and pollutants — and noise pollution.

One of the main sources of these types of pollution is motorized transport, such as cars, motorcycles, and air traffic.

Until March 21, 2021, the previous airspace design affected 1.3 million inhabitants, and the new airspace design affects 1.7 million residents of the capital, as the route and the noise caused by the planes has been extended to the south of the Valley of Mexico, so residents of this area began to demonstrate, through social networks, demands and communications to the government.

Rules and principles invoked

No

  • Kyoto Protocol.
  • Paris Agreement.
  • Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).
  • 2030 Agenda for Sustainable Development.
  • Declaration on the Responsibilities of Present Generations to Future Generations.
  • General Law on Climate Change.
  • Law on the Rights of Older Adults.
  • National Climate Change Strategy. Vision 10-20-40.
  • Mexican Official Standard NOM-036-SCT3-2000, which establishes within the Mexican Republic the maximum permissible limits of noise emission produced by subsonic jet aircraft, propeller-driven aircraft, supersonic aircraft and helicopters, their measurement method, as well as the requirements to comply with said limits.
  • Action Plan to mitigate greenhouse gas emissions from Mexican aviation 2015-2018.
  • Sectoral Program for Communications and Transport 2020-2024.
  • Chicago Convention (Annex 16).

Beginning

  • Sustainability.
  • Progressivity .
  • Pro persona.
  • Caution .
  • Interdependence between rights .
Instance
Judicial
Actor type
Young people or children
Natural person
Topic
Acuerdo de París y compromisos climáticos
Citizen participation
Violation of human rights
Defendant type
State
Interim measures
Denied or rejected
Grounds for claim
Paris Agreement and climate commitments
Right to a healthy environment
Rights of consultation and participation
National legislation
Other human rights