Greenpeace Mexico v. Ministry of Energy and Others (on the National Electric System policies)

Greenpeace filed a lawsuit against the Agreement to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System, issued by the National Center for Energy Control (CENACE), because this agreement was limiting the operation of the plants of renewable energy generation and stopping, without technical or legal justification, the entry into operation of new renewable plants that had previously won the energy auctions. With the entry into force of this agreement, it was intended to start up electricity generation plants based on fuel oil (residual fuel from oil refining processes) that were in disuse and programmed to be withdrawn from the electrical system due to their inefficiency, high economic, health, environmental costs and its greenhouse gas emissions.

Background

On April 29, 2020, the Agreement to guarantee the efficiency, quality, reliability, continuity and safety of the National Electric System was published, issued by the National Center for Energy Control (CENACE), limiting the operation of power generation plants. renewable and slowing down, without technical or legal justification, the entry into operation of new renewable plants that had previously won the energy auctions. Subsequently, on May 15, 2020, the Ministry of Energy officially published the Policy of Reliability, Safety, Continuity and Quality in the National Electric System, which supported the CENACE Agreement to start up fuel oil-based power generation plants. . Reason why, on May 25, 2020, Greenpeace Mexico filed an injunction against these two instruments of public policy, considering that both violate human rights such as health and a healthy environment by blocking renewable energies and encouraging the use of fuels. highly polluting fossils. At first the judge as a precautionary measure on May 28 granted the provisional suspension in favor of Greenpeace Mexico and on June 23 the definitive suspension was granted in favor of Greenpeace.

Relevant Law and Principles

• Mexican Constitution
  • Article 1 (Human Rights)
  • Article 4 (Right to a healthy environment)
  • Article 14 (Principle of legality)
  • Article 16 (Principle of legality)
  • Article 25 (Sustainable national development)
• Environmental Laws
  • Electricity Industry Law
  • Energy Transition Law
  • General Law on Climate Change
• International Agreements
  • Paris Agreement
• Principles
  • Progressivity Principle
  • Precautionary Principle

Ruling

In November 2020, the district judge ruled in favor of greenpeace Mexico, leaving both agreements unsubstantiated: Agreement to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System, due to the recognition of the virus disease epidemic SARSCoV2 (Covid-19); and Agreement by which the policy of reliability, security, continuity and quality in the National Electric System is issued. This judicial decision because it allows renewable energies to continue being an alternative in the country and with them, reduce the emissions that contribute to climate change.

Takeaways

The judge points out that when environmental damage issued, a preliminary assessment must be made of the existence of the risk of damage or damage to the environment, under a criterion of reasonableness guided by the precautionary principle itself and in dubio pro natura.

Likewise, the judge maintains that the claimed agreements also imply the implementation of regressive measures in relation to the right to a healthy environment, because instead of contributing to increasing the goals of minimum participation of clean energy in the generation of electricity, they reduce or inhibit its progress, despite the benefits that this has in the preservation and protection real of that prerogative.

Links

• Sabin Center Database
• Greenpeace