Residents vs. Federal Civil Aviation Agency et al.

Residents of southern Mexico City, including children and people aged 60 and over, filed a lawsuit against the Federal Civil Aviation Agency (AFAC) and the Mexican Airspace Navigation Services (SENEAM) for the redesign of the airspace in the Mexico City. The plaintiffs argue, among other issues, that their right to information and participation in environmental matters was violated, because it was initiated without prior information or adequate opportunity for public participation, and the right to a healthy environment, both because of noise pollution, as well as for violating climate commitments due to the emission of greenhouse gases (GHG) caused by aviation. As a remedy they requested 1) the declaration of unconstitutionality of the challenged actions and the annulment of all their consequences and 2) guarantees of non-repetition, among them: (i) that if it is truly necessary, in the eventual redesign of the airspace, first and foremost, the informed participation of the citizens of the affected region be allowed; (ii) that the constitutional mandate of sustainability and the reduction of pollutant and GHG emissions be punctually observed in the same; (iii) that the redesign and any public policy instrument on which it is based, promote compliance with alternative projects and measures in line with climate change mitigation commitments, as well as environmental care guided by the sustainability component and in accordance with the 2030 Agenda for Sustainable Development; and (iv) that it does not hinder the progressive substitution of aviation by alternative means of transportation. In March 2023, the District Court dismissed the case for a lack of standing. The plaintiffs appealed, and the appeal is pending before the Appellate Collegiate Court.