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Greenpeace Mexico v. Ministry of Energy and Others (on the National Electric System policies) - complaint

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decision

Greenpeace Mexico v. Ministry of Energy and Others (on the National Electric System policies) - decision

judgment

Greenpeace Mexico v. Ministry of Energy and Others (on the National Electric System policies) - judgment

Filing Year For Action

On May 25, 2020, Greenpeace Mexico filed a lawsuit against the Mexican government contesting the constitutionality of two electricity sector policies that would limit renewables. Greenpeace Mexico asked the Administrative Court to declare the policies unconstitutional for violating the rights to a healthy environment and sustainable development and for obstructing Mexico's compliance with its international commitments to tackle climate change. The two policies challenged were the National Centre of Energy Control (CENACE) Agreement "to ensure the efficiency, quality, reliability, continuity and safety of the National Electric System, on the occasion of the COVID-19 epidemic" and the Ministry of Energy policy of "Reliability, Security, Continuity and Quality in the National Electrical System." The former ordered the suspension of certain wind and photovoltaic power plants in operation or on the approval stage prior to commercial operation. The latter supported the CENACE Agreement's suspension of renewable energy power plant operation and the promotion of oil-based power generation. Greenpeace filed the case in the Mexico City's Second District Administrative Court Specialized in Economic Competition, Broadcasting, and Telecommunications.

On June 23, 2020, the district court issued a preliminary injunction to suspend the effects of the contested acts. On November 17, 2020, the district court held its main hearing. The Court then issued its judgment that the public policies were unlawfully modifying the rules of the energy market, and were violating the right to a healthy environment of Mexicans. The government appealed the decision to the First Circuit Collegiate Tribunal.

The Court decided the contested acts were unconstitutional. First, authorities were not competent to issue the policies. Furthermore, the policies violate the human right to a healthy environment, as well as (i) the United Nations Framework Convention on Climate Change, (ii) the Kyoto Protocol, and (iii) the Paris Agreement (all ratified by Mexico), by imposing a policy that displaces renewable energies, which prevents Mexico from meeting the greenhouse gas (GHG) emission reductions targets to which it committed. The Court considered that the production and consumption of fossil fuels affect the environment to a greater extent, due to the amount of GHG and compounds they produce. The implementation of its provisions undoubtedly implies a risk of damage to the right to a healthy environment, since it encourages the operation of conventional power plants that generate a greater amount of emissions that pollute the environment. The risk of environmental damage is projected in both dimensions (individual and collective), since, on the one hand, it can affect individual health of people and, on the other hand, it does not contribute to mitigate the effects of climate change, which impacts on the universal interest owed to present and future generations to preserve and protect natural resources. Finally, the policies also imply the implementation of regressive measures in relation to the right to a healthy environment, because instead of contributing to increase the goals of minimum participation of clean energies in the generation of electric energy, they reduce or inhibit their progress. The principles upon which the judge based his decision are: (i) in dubio pro natura, (ii) civic participation, (iii) non-regression principle and, (iv) the inclusion of future generations in the notion of progress (any unjustified and significant decrease in the level of environmental protection achieved will affect the heritage to be passed on to the next generation).

Greenpeace Mexico v. Ministry of Energy and Others (on the National Electric System policies)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Using laws and the legal system more broadly to protect vulnerable entities

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Production of electricity and heat from solar irradiation.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

A company that is owned wholly or partially by the state, typically operating in key sectors.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

This sector provides communication services, software development, and IT solutions.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Greenpeace Mexico v. Ministry of Energy and Others (on the National Electric System policies) - complaint

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance