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Mexican Center for Environmental Law (CEMDA) v National Agency for Industrial Security and Environmental Protection in the Hydrocarbon Sector (ASEA) - decision

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In June 29, 2016, Mexico made a joint declaration with the governments of Canada and the United States pledging to reduce methane emissions by between 40 and 45% by 2025. Mexico, through the National Agency for Industrial Security and Environmental Protection in the Hydrocarbon Sector (ASEA) and the Ministry of Environment and Natural Resources (SEMARNAT), adopted its national guidelines for the integral prevention and control of methane emissions from the hydrocarbon sector as a way to implement this decision. The guidelines stipulate that any entity or person regulated by ASEA, like private companies or state-owned companies in the hydrocarbon sector, must establish a program for the monitoring, prevention, and control of methane emissions for both new and existing facilities. Originally, the guidelines ordered regulated entities to draft their programs within 12 months of the beginning of operations for new facilities or those still under construction and within 12 months of the guideline’s coming into force for existing facilities. The new guidelines gave regulated entities a 3-month period to turn in their respective programs after they were drafted. However, in June 2020, the 3-month period outlined previously was expanded to 19 months. On August 7, 2020, the Mexican Center for Environmental Law (CEMDA) challenged the modification for the submission of programs by suing ASEA and SEMARNAT. 

On August 23, 2021, the district court ruled that CEMDA lacked legal standing to challenge the decision since the modification did not cause a special injury to the organization. This decision has been appealed and is currently before the Third Collegiate Tribunal for Administrative Matters of the First Circuit. On March 17, 2022, the Collegiate Tribunal confirmed the district court’s ruling, deciding that CEMDA lacked legal standing to challenge the modifications. Therefore, the case was dismissed. 

Mexican Center for Environmental Law (CEMDA) v National Agency for Industrial Security and Environmental Protection in the Hydrocarbon Sector (ASEA)

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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.

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.

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.

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

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.

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

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

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.

Mexican Center for Environmental Law (CEMDA) v National Agency for Industrial Security and Environmental Protection in the Hydrocarbon Sector (ASEA) - decision

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance