Mexican Center for Environmental Law (CEMDA) v. Ministry of Energy and Others (on the Energy Sector Program 2022)

On 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. On January 15, 2024, the Third District Court in Administrative Matters Specialized in Antitrust, Broadcasting, and Telecommunications decided that CEMDA did not have legal standing to file the lawsuit because the Energy Sector Program did not cause the plaintiff a direct, real, and current damage. The Court made this decision because it interpreted that the Energy Sector Program is a planning instrument that integrates objectives and strategies with specific actions to be conducted by the Ministry of Energy based on an analysis of the energy sector and sets a series of guidelines, objectives, and specific related strategies. These objectives and strategies are indicative, and it is a merely declarative document that does not generate any type of legal obligation, and therefore, it is not an act that affects the plaintiff’s rights. Then, the case was dismissed. On January 31, 2024, CEMDA appealed the Court’s decision. On November 14, 2024, the Collegiate Court solved the appeal and confirmed the District Court’s decision. Then, the case was dismissed.