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The Climate Litigation Database

Fishing Communities v. the Mexican Government

Geography
Year
2024
Document Type
Litigation

About this case

Filing year
2024
Status
Pending
Court/admin entity
MexicoDistrict Court
Case category
Suits against governmentsHuman RightsRight to a healthy environment
Principal law
International LawUNFCCCParis AgreementMexicoGeneral Law on Ecological Balance and Environmental ProtectionMexicoPublic Service Law on Electric Power
At issue
Whether Mexican authorities are in violation of the right to a healthy environment by operating the thermoelectric plant, the lack of information on the plant's emissions, and the failure to protect the Cuyutlán lagoon.

Documents

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Summary

In August 2024, a group of fisherwomen, together with the organization Tsikini A.C. residents from the state of Colima, filed an amparo lawsuit asking for legal protection against various authorities, including the Federal Electricity Commission (CFE), from the damage caused by the Manzanillo Thermoelectric Power Plant (the second largest thermoelectric plant in Mexico, which uses fuel oil and gas), citing the violation of the human right to a healthy environment and health, and the failure to comply with climate commitments. The lawsuit alleged, among others, lack of access to information on pollutants or data on emissions from the thermoelectric plant and/or their effects; failure to measure hidden externalities, such as human, environmental, and climate health, which are currently causing serious damage; lack of mitigation measures and compliance with environmental and climate laws; destruction of the Cuyutlán lagoon, the fourth most important wetland on the Mexican Pacific coast, and failure to comply with climate commitments resulting from the operation of the thermoelectric plant. The lawsuit emphasizes the underlying climate implications of the thermoelectric plant's operation, as its operation represents a failure to comply with the Mexican government's climate policy (targets committed to under the Paris Agreement) and questions the energy transition model followed in the country to date. On March 2025 the District Court granted an injunction, ordering that the authorities, within the scope of their duties and authority, take the necessary actions to safeguard the complainants' right to a healthy environment and: i) immediately monitor the natural water reservoir known as Laguna de Cuyutlán and verify whether actions are being taken to protect the ecosystem that comprises it; (ii) examine whether the Thermoelectric Plant located in that locality is complying with environmental regulations and with the process of electricity generation and fuel gas storage, in order to prevent contamination of the water and air in the area covered by the plant; (iii) if they notice that activities are being carried out that are harmful to the environment, they shall issue measures to prevent pollution and achieve the remediation of the lagoon; that is, they must take the necessary measures to control and limit pollutants in the process of storing fuel gas, as well as in the process of generating electricity at the thermoelectric power plant; (iv) grant access to information on pollutants and their impact in a manner accessible to the population of Cuyutlán, which must be done twice a year, so that the appropriate preventive measures can be taken to safeguard their physical integrity. This information must be published in the media or on the website used for this purpose; and (v) provide medical care to the local population who suffer any health problems as a result of the environmental pollution generated by the thermoelectric plant. The case is pending before the District Court.