Greenpeace Mexico v. Ministry of Energy and Others (on the Energy Sector Program)

Greenpeace Mexico filed a complaint in the District Court of Mexico City against the new Mexico Energy Sector Program for 2020-2024. The Greenpeace lawsuit was based on claiming the violation of human rights to a healthy environment, health protection, access to electricity from renewable sources and the right to legality. .

Background
On July 8, the Decree approving the 2020-2024 Energy Sector Program was published in the Official Gazette of the Federation. Greenpeace considers that this program is committed to national development using fossil fuels, diverting public resources to address climate change, conditions the energy transition and the use of renewable energies, and fails to specify actions to have access to them, both due to the lack of momentum to electricity generation infrastructure projects that take advantage of them, such as the absence of distributed generation projects.

Relevant Law and Principles

 * Mexican Constitution
 * Article 1 (Human Rights)
 * Article 4 (Right to a healthy environment)
 * Article 6 (Right to freedom of expression)
 * Article 14 (Principle of legality)
 * Article 16 (Principle of legality)
 * Article 25 (Sustainable national development)
 * Article 134 (Public resources are allocated to the objectives intended)


 * Environmental Laws
 * Electricity Industry Law
 * General Law on Climate Change
 * The National Climate Change Strategy
 * Agreement on Environmental Cooperation between the Governments of the United Mexican States, the United States of America and Canada


 * International Agreements
 * 2030 Agenda for Sustainable Development


 * Principles
 * Progressivity Principle
 * Prevention principle
 * Precautionary Principle

Ruling
Greenpeace requested that during the development of the trial the Energy Sector Program 2020-2024 be suspended so that they cannot be executed: the priority objectives, priority strategies and specific actions contrary to respect for the right to a healthy environment and the linked sustainability component him indivisibly. This request was granted. This means that the Ministry of Energy and all public bodies in charge of applying the content of this Program, including the Federal Electricity Commission, "must refrain from complying with the objectives and strategies" established in the reference document, which was published in the Official Gazette of the Federation on July 8, until definitive decisions are made.

Links

 * Sabin Center Database
 * Greenpeace