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Mexican Center for Environmental Law (CEMDA) v. Ministry of Energy and Others (on the Energy Sector Program 2022)

Apr 29, 2024
Court name
District Court in Administrative Matters
Reference number
Amparo No. 650/2022
On June 22, 2022, the Mexican Center for Environmental Law (CEMDA) filed a complaint in the District Court in Mexico City against Mexico's new Energy Sector Program for 2022-2036. The complaint alleges that the Program violates human rights -- including the right to a healthy environment – because: (i) the electricity policy reflected in the Program does not contemplate the development of a just energy transition strategy that generates wellbeing, reduces the negative social and environmental impacts of the sector, respects and guarantees human rights. In addition, (ii) it delays 13 years the fulfillment of clean energy generation goals and maintains the use of fuels with high social, environmental and climate impact, such as gas, fuel oil and coal, (iii) and finally, it perpetuates negative externalities that end up affecting populations living in highly marginalized conditions. It is also observed in the Program that the generation of electric energy with fossil fuels such as gas and fuel oil is favored and will continue to be favored; this will not allow Mexico to meet its clean energy goals.

Key environmental legal questions:

Whether Mexico's energy sector policy violates human rights by promoting fossil fuels at the expense of renewables and by not contemplating the development of a just energy transition strategy.
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