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

Filing Date: 2020
Reporter Info: Amparo No. 372/2020
Status: Pending
Case Categories:
  • Suits against governments
    • Human Rights
      • Right to a healthy environment
Jurisdictions:
  • Mexico
    • District Court in Administrative Matters
Principal Laws:
  • Mexico
    • Electricity Industry Law
  • Mexico
    • Constitution
Summary:

On August 20, 2020, Greenpeace Mexico filed a complaint in the District Court in Mexico City against Mexico's new Energy Sector Program for 2020-2024. The Program was finalized on July 8, 2020. The complaint alleges that the Program violates human rights -- including the right to a healthy environment and right of access to electricity based on renewable sources -- by promoting fossil fuel use at the expense of investments in renewable energy, greenhouse gas emissions reduction, and adaptation.

On September 21, 2020, the Court stayed issued a preliminary injunction temporarily suspending the program pending resolution of the case. The Court suspended the program, in part, because it prioritized fossil fuels in a way that could constitute imminent danger that is difficult to repair.

On February 22, 2021, Greenpeace expanded its complaint against the Federal Expenditure Budget for the Federation for the fiscal year 2021, annexes 15 and 16. Annex 15 refers to the assigned budget for the energy transition strategy to promote the use of renewable technologies, and Annex 16 refers to the assigned resources for adaptation and mitigation of the climate change effects. On March 19, 2021, the Court denied the request to issue a preliminary injunction suspending the Federal Budget annexes. The request was denied because suspending the of the effects Federal Budget would contravene public order, due to its importance to society.

At Issue: Whether Mexico's energy sector policy violates human rights by promoting fossil fuels at the expense of renewables
Case Documents:
Filing Date Type File Summary
08/20/2020 Complaint Download In Spanish
09/21/2020 Decision Download Decision granting preliminary injunction (in Spanish)
03/19/2021 Decision Download Court's denial of preliminary injunction (in Spanish).

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.