Background on the Case and Key Players
In September 2025, the Mexican environmental law center, Centro Mexicano de Derecho Ambiental (CEMDA), filed an amparo against the Secretaría de Energía (Sener) for failing to meet its legal obligation of generating at least 35% of electricity from clean energy sources by 2024. The Sener, a Mexican governmental body responsible for energy policy and regulation, was accused of not implementing sufficient policies to achieve this target.
Who is CEMDA and Why are They Relevant?
The Centro Mexicano de Derecho Ambiental (CEMDA) is a non-profit organization dedicated to promoting and protecting the environment in Mexico. Their mission includes advocating for legal compliance regarding climate change and environmental issues, making them a crucial player in ensuring that government entities like Sener adhere to their obligations.
Judge’s Decision and Key Points
The federal judge ruled that Sener had indeed failed to meet its obligation, as the percentage of clean energy generation for 2024 fell short at 26.5%, instead of the required 35%. The judge emphasized that Sener’s responsibility goes beyond merely attempting to meet the targets; it has a result-oriented obligation to achieve the 35% target.
- Sener’s Arguments Dismissed: Sener argued that the 2024 target was a closed figure and could not be altered since the year had ended. They also claimed to have implemented policies and programs promoting low-emission energy sources.
- Interests Protected: The judge recognized CEMDA’s legitimate interest in protecting the environment, as it is their social purpose. The omission affected collective environmental services such as air quality and climate regulation, benefiting all citizens.
- Acuerdo de Escazú Reference: The judge highlighted the Acuerdo de Escazú, an international agreement that obliges states to ensure access to justice in environmental matters and prevent backward steps in environmental protection.
Judge’s Orders to Sener
The judge ordered Sener to:
- Report all public policies, incentives, programs, or projects aimed at meeting the clean energy target within 90 working days.
- Present a detailed calendar with intermediate goals to reach the omitted percentage.
- Apply the principle of non-regression, ensuring that proposed targets do not fall below previous achievements.
CEMDA’s Response and Implications
Gustavo Alanís, CEMDA’s executive director, expressed his satisfaction with the ruling: “This judgment is a victory for everyone’s right to a healthy environment. The judge applies the international standards of the Acuerdo de Escazú, acknowledging that access to environmental justice is the only way to ensure climate targets are not optional but obligations for the state to guarantee our environmental and climatic rights.”
Conclusion
The judge’s decision emphasizes the importance of adhering to clean energy targets and ensures that government entities like Sener are held accountable for their obligations. This ruling may encourage further progress in Mexico’s transition to clean energy sources and reinforce the role of civil society organizations like CEMDA in advocating for environmental protection.
