Greenpeace Mexico v. Ministry of Energy and Others (on the Energy Sector Program)

On August 20, 2020, Greenpeace Mexico lodged a complaint in the District Court of Mexico City against Mexico's Energy Sector Program for 2020-2024, which had been finalized on July 8, 2020. The complaint asserts that the Program infringes upon human rights, including the right to a healthy environment and access to electricity from renewable sources. This infringement stems from the Program's promotion of fossil fuel usage at the expense of investments in renewable energy, greenhouse gas reduction, and climate adaptation. Subsequently, on September 21, 2020, the Court issued a preliminary injunction, temporarily suspending the Program while the case was pending resolution. This suspension was predicated on the Program's prioritization of fossil fuels, which could potentially pose imminent, irreparable harm. On February 22, 2021, Greenpeace expanded its complaint to encompass the Federal Expenditure Budget for the Federation for the fiscal year 2021, specifically annexes 15 and 16. Annex 15 pertains to the budget allocation for the energy transition strategy, which promotes renewable technologies, while Annex 16 concerns resources assigned for climate change adaptation and mitigation. However, on March 19, 2021, the Court denied the request for a preliminary injunction to suspend the Federal Budget annexes. This denial was based on the belief that suspending the Federal Budget would disrupt public order due to its significance to society. Furthermore, on March 31, 2023, in relation to the Energy Sector Program for 2020-2024, the Court determined that the lawsuit had been filed beyond the legally established deadline. As for the complaint against the Federal Expenditure Budget for the Federation for the fiscal year 2021, the Judge deemed it inadmissible because the budget for that year was no longer in effect. Consequently, the case was dismissed. On April 27, 2023, Greenpeace filed an appeal against the dismissal of the case. On May 9, 2023 the appellate Collegiate Court admitted the appeal. On October 6, 2023, Greenpeace requested the Mexican Supreme Court to hear the appeal. On November 16, the Supreme Court decided not to hear the case. Therefore, the Collegiate Court will resolve the case, and the decision is pending. On June 19, 2025, the Collegiate Court confirmed the District Court decision, dismissing the case.