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Greenpeace v. Mexico (on the Climate Change Fund) - decision

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The General Law on Climate Change in Mexico was issued in 2012. This law contemplated the Climate Change Fund, a public trust fund created to increase the existing resources to address climate change. According to article 80 of the Law, it had the objective of attracting and channeling public, private, national, and international financial resources to support the implementation of actions to address climate change. However, in 2020 the Mexican Congress reformed the Law and eliminated the Climate Change Fund.

On November 30, 2020, Greenpeace Mexico filed a lawsuit against these amendments, arguing that they violated the constitutional right to a healthy environment. 

On March 30, 2023, the District Court dismissed the case, deciding that the plaintiff did not have standing because the amendments did not impact them, considering that Greenpeace did not prove that it was beneficiary of the Climate Change Fund or that it had an application in process to access the Climate Change Fund’s resources. 

On April 17, 2023, the plaintiff appealed the decision. The Collegiate Court reversed the District Court’s decision, deciding that Greenpeace did have standing to sue, due to their scientific work in defense of the environment. Then, they asked the Supreme Court to decide the case on the merits.

The Supreme Court ruled on the merits of the case and determined that the extinction of the Climate Change Fund constitutes a regressive measure that affects the right to a healthy environment and reduced the level of protection that had been achieved to protect it. It decided that the amendments violate the right to a healthy environment because they eliminated the general rules that existed to regulate the financing, evaluation and oversight of projects and programs to address climate change, which affected principles such as efficiency, transparency and honesty in the use of the public budget. In addition, it decided that the legislator did not adequately justify the disappearance of the Fund. Accordingly, the Supreme Court granted the relief so that the amendments could not be applied, neither now nor in the future, in proceedings in which the NGO seeks access to public funds intended to mitigate the effects of climate change, including trusts or other similar instruments.

Greenpeace v. Mexico (on the Climate Change Fund)

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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

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.

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

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

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

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

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

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

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.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

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

This sector involves activities to move goods and people, alongside the storage of products.

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

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

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Greenpeace v. Mexico (on the Climate Change Fund) - decision

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance