Mexican Center for Environmental Law (CEMDA) v. Ministry of Energy and Others (on the Energy Sector Program 2022)
Jurisdiction: District Court in Administrative Matters of Mexico
Principle law(s): Energy Transition Law,Decree issuing the Electricity Industry Law, the Geothermal Energy Law and amending the Law on National Waters,General Law on Climate Change
Side A: Mexican Center for Environmental Law (CEMDA) (Ngo)
Side B: Ministry of Energy and Others (Government)
Core objectives: Whether Mexico's energy sector policy violates human rights by promoting fossil fuels at the expense of renewables and by not contemplating the development of a just energy transition strategy.
SummaryOn June 22, 2022, the Mexican Center for Environmental Law (CEMDA) filed a complaint in the District Court in Mexico City against Mexico's new Energy Sector Program for 2022-2036. The complaint alleges that the Program violates human rights -- including the right to a healthy environment – because: (i) the electricity policy reflected in the Program does not contemplate the development of a just energy transition strategy that generates wellbeing, reduces the negative social and environmental impacts of the sector, respects and guarantees human rights. In addition, (ii) it delays 13 years the fulfillment of clean energy generation goals and maintains the use of fuels with high social, environmental and climate impact, such as gas, fuel oil and coal, (iii) and finally, it perpetuates negative externalities that end up affecting populations living in highly marginalized conditions. It is also observed in the Program that the generation of electric energy with fossil fuels such as gas and fuel oil is favored and will continue to be favored; this will not allow Mexico to meet its clean energy goals.
Full case documents will be added as they become available.
Related laws and policies
Energy Transition Law
The Energy Transition Act's purpose is to promote sustainable and efficient use of energy, regulate the obligations of power companies related to the mandatory share of clean energies (including natural gas, and CCS with emissions not exceeding 100 kg/MWh), and push for the reduction of the pollu...
Decree issuing the Electricity Industry Law, the Geothermal Energy Law and amending the Law on National Waters
The present decree approves the Electricity Industry Law (LIE) and the Geothermal Energy Law. The LIE regulates part of the changes arising from the Constitutional Reform in energy matters of 2013. It modifies the regime of the electricity sector to move to a new model based on the free competit...
General Law on Climate Change
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...