Judges from Mexico’s highest court unanimously decided to grant an amparo, or injunction, to members of the Zapotec community in Juchitán on the grounds that they hadn’t been consulted or given their permission or authorization for the project to go ahead on their land.
Library filed under Legal from Mexico
Renewable energy from south of the border is beginning to make a big impact on the American side. Looming over the dry desert scrub, as high as a 25-story building, the giant turbines of the Energía Sierra Juárez wind farm punctuate the horizon just south of the California border, an otherworldly array of white tubular towers each topped with three, 12-ton blades.
This important decision by the U.S. District Court of the Southern District in California found that the Department of Energy failed to follow NEPA when it issued a permit to construct a transmission line that crossed over from Mexico into the United States. The Court order that since the U.S. portion of the Line and the Mexican portion of the Line were literally "two links of a single chain" connecting the Substation to the ESJ Wind Farm, the DOE was required to consider the impacts of the project on Mexico. Portions of the decision are shown below. The full report can be accessed by clicking the document link on this page.
The Mexican Center for Environmental Law (Cemda) has detailed inconsistencies in the approval of the Eólica del Sur project, claiming that government officials granted permits and licenses before the consultation stage was over, violating the indigenous communities’ rights to an informed process.
“All these agencies and companies are in lockstep on this green energy rush, whether it’s actually beneficial to us or not,” said Donna Tisdale, a resident of Boulevard in East San Diego County. Tisdale is leading the lawsuit against Energía Sierra Juárez, which also names the U.S. Department of Energy and U.S. Fish and Wildlife. Among other things, the lawsuit claims the Department of Energy issued a Presidential Permit without considering environmental impacts in Mexico or alternative clean energy projects, as required by law.