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Nuestros Derechos al Futuro y Medio Ambiente Sano et. al., v. Mexico (Unconstitutionality of the reform to the Electric Industry Law) - decision

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Nuestros Derechos al Futuro y Medio Ambiente Sano et. al., v. Mexico (Unconstitutionality of the reform to the Electric Industry Law) - petition

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Nuestros Derechos al Futuro y Medio Ambiente Sano et. al., v. Mexico (Unconstitutionality of the reform to the Electric Industry Law) - ruling

Filing Year For Action

On March 24, 2021, five civil associations (Nuestros Derechos al Futuro y Medio Ambiente Sano A.C.; Alianza Juvenil por la Sostenibilidad, A.C.; Naj Hub, A.C.; Consejo Interuniversitario Nacional de Estudiantes de Derecho, A.C.; and Ágora Ciudadanos Cambiando México, A.C.), with the support of the #JóvenesPorNuestroFuturo collective, made up of more than 20 youth groups, filed a lawsuit against the Mexican Congress and the President of Mexico challenging the 2021 amendments of the Electric Industry Law. 

The amendments, in general: (i) eliminate the obligation to dispatch the cheapest energy first and give priority in the process to the Federal Electricity Commission’s (CFE) coal and fuel oil-fired power plants, and (ii) eliminate the purchase of basic electricity by the CFE through long-term auctions. Before the amendments, the energy purchased in the auctions and the energy dispatched first was primarily renewable energy.

The plaintiffs argue that the Mexican State is constitutionally obligated to mitigate and adapt to climate change, which necessarily implies designing and implementing an energy policy that favors the gradual substitution of fossil fuels for renewable energy. The obligation to transition from fossil fuels to renewable energy in the generation of electricity is based on Article 25 of the Constitution, in connection with the 17th and 18th transitory articles of the Decree of Constitutional Energy Reforms of 2013.

The plaintiffs argue that the challenged amendments violate the constitutional right to a healthy environment found in Article 4. Specifically, the plaintiffs claim that the transition to renewables in the electricity sector guarantees the exercise of the right to a healthy environment and is a necessary condition for Mexico to comply with its international commitments under the Paris Agreement. In its Nationally Determined Contribution (NDC), Mexico committed to a 22% reduction of GHG emissions by 2030, and the transition to renewables formed a critical piece of this commitment. The plaintiffs requested the judge to declare the amendments unconstitutional and to force the responsible authorities to comply with their constitutional obligations regarding energy transition and climate change mitigation policies. After the 2013 Constitutional Energy Reform, the Energy Transition Law set generation targets: 25% clean energy generation by 2018, 30% by 2021, and 35% by 2024, with the objective of significant reduction of CO2 emissions to mitigate climate change. 

On April 7, 2021, the District Court issued an injunction to suspend the effects of the contested amendments until the court reaches a final decision on the merits of the case. The judge reasoned that the amendments could undermine the Mexican government’s duty to transition towards renewable energy. This duty is mainly established in the 18th Transitory Article of the Decree of Constitutional Energy Reforms of 2013. The judge also noted that, in the Energy Reform of 2013, the legislators agreed that the use of clean energies will enable the Mexican State to work towards its international climate and environmental commitments (specifically, the Paris Agreement and the 2030 Sustainable Development Goals). The Court reasoned that compliance with the international commitments could be hindered by the amendments, because of the limits they place on the generation of clean energies. 

On April 7, 2021, the Mexican government and congress appealed the decision of the District Judge to admit the claim. On April 22, 2021, the Mexican congress appealed the injunction granted by the District Court.

On December 15, 2022, the plaintiffs won in the District Court. The District Court decided that the 2021 amendments to the Electric Industry Law violate the right to a healthy environment and the Paris Agreement by favoring the generation of electricity through fossil fuels. In its decision, the Court recognized four relevant issues: (1) that NGOs have legal standing to file amparo lawsuits (constitutional challenges) to defend the right to a healthy environment; (2) that the Mexican government has a duty to reduce the use of fossil fuels to produce electricity; (3) that the Mexican government has a duty to increase the proportion of clean energy in the electricity sector as part of its obligation to mitigate climate change; and (4) that the challenged amendments have a negative impact on Mexico’s clean energy obligations and its international commitments to reduce greenhouse gas emissions.

On December 28, 2022, the Mexican government appealed the District Court decision to uphold the plaintiffs’ claims. The appeal is pending resolution by the appellate Collegiate Court.

On October 2024, the Mexican Constitution was amended to prioritize the electricity generated by CFE, because it is a state-owned company. As a result of this amendment, on June 2, 2025 the Collegiate Court decided to dismiss the case, based on a decision by the Supreme Court, where it was decided that the challenged norm will no longer have any legal effect.

Nuestros Derechos al Futuro y Medio Ambiente Sano et. al., v. Mexico (Unconstitutionality of the reform to the Electric Industry Law)

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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

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

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.

Actions or measures to adapt terrestrial systems to climate change.

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

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

An integrated system of hazard monitoring, forecasting and prediction, that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events.

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.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

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

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

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

Actions to adapt human health, healthcare systems and well-being to climate change.

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.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

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.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater systems to climate change.

Electricity generation from devices driven by the movement of salt water, differences in saltwater temperatures, or salinity gradients.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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

Electrical energy generated from mechanical devices driven by flowing fresh water.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

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.

This sector involves the distribution, treatment, and conservation of water resources.

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.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

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

woman and genders outside of the gender binary

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.

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.

This sector involves the wholesale and retail selling of goods.

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

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

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

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

The activities of industries that transforms raw materials into finished goods through industrial processes.

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.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

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

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

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.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

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.

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

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

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

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

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.

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.

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

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.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Nuestros Derechos al Futuro y Medio Ambiente Sano et. al., v. Mexico (Unconstitutionality of the reform to the Electric Industry Law) - decision

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance