Ruling on Constitutionality of banning the distribution of non-recycled plastic bags in Oaxaca

In 2019, the State Legislature of Oaxaca made significant amendments to the state's Solid Waste Prevention and Management Law. One notable change included a prohibition on businesses distributing non-recycled plastic bags. Promptly, on July 31, 2019, a plastic bag manufacturer initiated legal action, asserting that these amendments violated constitutional rights, explicitly impeding their ability to conduct business. The Third District Judge in the State of Oaxaca dismissed the case on August 2, 2019, citing the plaintiff's failure to prove its standing as a dedicated plastic bag manufacturer convincingly. The plaintiff appealed this decision on September 7, 2020. Subsequently, the Second Circuit Court on Civil and Administrative Matters of the Thirteenth Circuit overturned the District Judge's ruling, recognizing the plaintiff's standing and forwarding the case to the Supreme Court of Justice. Notably, the Circuit Court highlighted the constitutional dimension of the case, particularly the interpretation of the right to a healthy environment, lacking precedent. On October 25, 2023, the First Chamber of the Supreme Court issued its ruling. The Court concluded that the ban on non-recycled plastic bags did not violate the fundamental right to conduct business. Employing a proportionality analysis, the Court assessed the policy's alignment with the constitutionally valid objective of environmental protection. It found the policy to be both appropriate and necessary, outweighing any encroachment on the right to conduct business. The Court considered the broader environmental impact of plastic pollution, linking plastic production to climate change through GHG emissions and its detrimental effects on marine ecosystems. These effects, including disruption to carbon sequestration processes in oceans, underscored the urgency of the state's environmental policy. The Supreme Court's decision upheld the ban, emphasizing the paramount importance of environmental preservation over individual business interests.