Mexican Supreme Court Justice Loretta Ortiz Ahlf. Photo: Google


Mexico’s Supreme Court of Justice (SCJN) on Wednesday, March 23, passed a ruling endorsing the new Electric Energy Law (LIE), thus eliminating all legal cases filed in México against it.

The new ruling was proposed by Supreme Court Justice Loretta Ortiz Ahlf, a former federal deputy from President Andrés Manuel López Obrador’s (AMLO) leftist National Regeneration Movement (Morena) party, on Tuesday, March 22, with the intention of strengthening the monopoly of the state-run Federal Electricity Commission (CFE) in the dispatch of energy and to eliminate all legal suits that have been filed to stop the LIE.

After the LIE legislation was endorsed by the Morena-majority Congress last year, opposition senators and the Federal Commission for Economic Competition (Cofece), as well as the state government of Colima, led by opposition Institutional Revolutionary Party (PRI) Governor Ignacio Peralta, filed three separate suits against the new law before the SCJN.

Those suits charged that the LIE violated the principles of free competition of Article 28 of the Mexican Constitution, which since 2013 eliminated the possibility of any state monopoly on electricity generation.

But with the CSJN ruling, those three suits have been nullified and the CFE has been granted a full monopoly in electric energy generation, prioritizing carbon-based fuels over clean energy sources.

In its decision, the court said that the energy dispatch prioritization provided for in the LIE “does not violate any human rights to a healthy environment and health protection,” as claimed by the filers of the suit, who had pointed out that burning fuel oil, coal and gas adds to air contamination and is a threat to human health.

The SCJN also said that granting a monopoly to the CFE does not violate the constitution, despite the fact that the nation’s magna carta clearly prohibits such monopolies.

Anyone who want to challenge the LIE will now have to bring their cases before international courts and mediators, the SCJN ruled.

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