On December 17, 2020, the Mexican Center for Environmental Law (CEMDA) filed a complaint against the amendments, arguing among others, that it violates the constitutional right to a healthy environment. The plaintiff requested an injunction to suspend the effects of the amendments, asking the Court to stop the elimination of the Fund. The injunction was denied.

However, the Judge considered that the reform did not restrict the exercise of any right. The Judge argued that the reform did not disappear the funds to address climate change, it only reallocated the resources on to the Federal Expenditure Budget. Therefore, the Court decided the case against CEMDA, considering it did not violate the right to a healthy environment. CEMDA appealed the decision before a Collegiate Tribunal.

In August 2021, the Tribunal decided, due to the relevance of the case, to send the appeal the Mexican Supreme Court. The Supreme Court’s decision is still pending.

Case documents

• Judgment text (Spanish)

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Related laws and policies

• This law implements Mexico legislation

  General Law on Climate Change

  Passed in 2012 Legislative

  The approval of the GLCC gives certainty and continuity to climate policy in Mexico and sets the country on a path to a low carbon economy. It establishes the basis for the creation of institutions, legal frameworks and financing to move towards a low carbon economy. As a General Law, it specifie...