The Whales of the Gulf of California v. Ministry of the Environment

On October 1, 2025, Nuestro Futuro, A.C., representing The Whales of the Gulf of California, filed amparo lawsuit alleging a failure to act on the part of the Ministry of the Environment, which violates the general conservation obligation under the Convention on Biological Diversity and the specific duty to conserve the marine environment set forth in the Convention on the Law of the Sea. This failure is attributable to the fact that the Ministry has not issued the decree that would classify the Gulf of California as a critical habitat for the protection of endangered wildlife species, despite that this ecosystem is threatened by the interests of the fossil fuel industry. The expansion of the fossil fuel industry is currently threatening the whales that inhabit the Gulf of California. Specifically, there are three natural gas liquefaction projects planned for the Gulf’s coastline: Saguaro LNG, Amigo LNG, and Vista Pacifico LNG. These projects are natural gas liquefaction terminals that will transport gas from Texas through Mexico to be exported on LNG carriers via the Gulf of California to Asia. The problem identified is that LNG carriers will be passing through this ecosystem, known as the “Aquarium of the World,” because it is the home to 39% of the world’s marine mammal species, overlapping with at least 12 cetacean species habitats. The lawsuit argues that the whales should have standing to file for the conservation and protection of their species in the Gulf of California. Therefore, the lawsuit calls for protective, conservation, and care measures commensurate with the recognition that the whales possess intrinsic rights derived from respect for their life cycles: migration, feeding, reproduction, freedom of movement, and the right to life itself. The complaint seeks the designation of the Gulf of California as a critical habitat under the General Wildlife Law. Under this law, a critical habitat is described as “areas that are regularly used for feeding, hunting, foraging, resting, rearing, or breeding, or as migration routes” for endangered species. The lawsuit argues that the government has an obligation to protect and conserve these species, arising from its international and constitutional obligations, in the face of the expansion of natural gas export infrastructure. These obligations are fulfilled by declaration of the Gulf of California as a critical habitat. On October 6, 2025, the District Court agreed to hear the case. The case is pending.