Library filed under Legal from Mexico
“The French duty of vigilance law obliges EDF to examine whether its business operations risk violating human rights. If so, it must take measures to mitigate these risks. EDF is moving forward with the Gunaa Sicarú project even though it is resulting in serious human rights violations. The company must comply with France’s mandatory human rights due diligence law. In case it cannot mitigate those risks, the project should be cancelled ,” said Cannelle Lavite, legal advisor at ECCHR.
As a result of Mexico’s failure to implement and enforce the community’s right to free, prior and informed consent and the company’s failure to fulfil its duty of vigilance obligation to prevent violations of this right, the community has suffered internal division, escalating into violent conflict...In Mexico, the actions of EDF’s subsidiaries interfered with a meaningful free, prior and informed consultation...have severely impeded the realization of this right, and generated the escalation of violence in the community.
“The intermittent generation from wind and PV plants affects the reliability of the national electricity system, [impacting] the sufficiency, quality and continuity of power supply,” reads CENACE’s document, adding that these technologies “do not contribute” to system regulation or grid inertia.
Critics of the rule change worry that granting older projects the credits -- certificates known as CELs -- will reduce their value and undermine clean energy investment. While the appeals court decision technically only guarantees the value of the credits for the company that requested the initial injunction, Zuma Energia subsidiary Santa Maria 1, lower courts are likely to follow suit.
In this sense, they have pointed out that the permits for the installation of the Renewable Energy Industrial Wind Park (PIER IV) were made through agreements with the state and municipal governments, without consulting or previously informing the population. The lack of consultation has created a "social conflict." They have also claimed that the Environmental Impact Manifestation (MIA), approved by the Ministry of the Environment and Natural Resources ( Semarnat ), was carried out without principles of legality.
Late last month, Sedena sought to initiate legal action against Tradeco to secure 595 million pesos (US $30.9 million) in compensation for failing to comply with the contract it signed and a 374-million-peso (US $19.4-million) payment because no energy was produced at the base between March 2014, when the project was supposed to be completed, and June 2018.
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.
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.