This indirect amparo suit was brought by Greenpeace Mexico against the Mexican government, contesting the Mexican Sectoral Energy Plan for 2020-2024. Greenpeace argued that this policy promotes the use of fossil fuels over sustainable energy sources, thereby violating fundamental rights. The case invokes the pro persona principle and the human and constitutional rights to equality, a healthy environment, the protection of health, and access to renewable energy, as well as the legality principle. It also invokes the principle of progressive interpretation of human rights and the concept of positive and negative obligations.
In 2020, a Mexico City District Court ordered the suspension of the policy in an injunction.
The Third District Administrative Court for Mexico City declined to hear the case on grounds of lack of specialization in the matter. On 8 September 2020, the Mexico City District Court accepted to hear the case.
On 21 September 2020, the Mexico City District Court issued an injunction suspending the Sectoral Energy Plan (2020-2024). The court noted the imminence and irreparability of the harms at stake, finding that the it was an ‘indisputable fact’ that the limitation of the production and use of renewable energies encourages the operation of conventional electricity generation technologies using fossil fuels and thereby causing greater emissions, which affects human healthy and the environment. Because of this, the degree of imminence and irreparability of the risk at stake did not require specific proof, because it had been established through logical reasoning (p. 29).
Date of filing:
20 August 2020
Mexico City District Court, Greenpeace Mexico v. Ministry of Energy and Others, injunction no. 372/2020, 21 September 2020.
The full text of the injunction is provided on climatecasechart.com.