The Federal Attorney for Environmental Protection (PROFEPA) and the SEMARNAT have been mandated to review and verify the operations of the Tula thermoelectric plant to ensure it implements necessary measures to control emissions and mitigate environmental damage without affecting electricity supply, according to a federal court ruling.

On June 24, the Fourth Collegiate Court in Administrative Matters of the First Circuit granted an injunction filed by the law firm Lamoglia Abogados, SC, and the National Council for Strategic Litigation (CNLE) to ensure PROFEPA and SEMARNAT guarantee that the Ing. Francisco Pérez Ríos power plant, operated by the CFE in Tula, Hidalgo, complies with environmental laws regulating pollutant emissions.

“For years, the Francisco Pérez Ríos Thermoelectric Plant, has failed to meet environmental standards, contributing significantly to high pollution levels in the Valley of Mexico. This excessive pollution is partly due to the use of fuel oil containing up to 4% sulfur, while the law permits a maximum of 2%,” both organizations stated in a press release.

A 2021 study by the Mexico Climate Initiative (ICM) revealed that the power plant violates the Official Mexican Standard NOM-086-SEMARNAT-SENER-SCFI-2005 by doubling the permitted sulfur content and does not adhere to the electric generation permit granted by the CRE, which authorizes the use of only natural gas as fuel. Emissions from its seven chimneys range from 110m3/s to over 300m3/s, according to past measurements.

Along with the Tula refinery, this power plant is responsible for 90% of the area’s emissions and contributes around 33% of the pollution in the Valley of Mexico. The injunction granted by the Collegiate Court recognized the impact on the rights of Mexico City residents, the illegality of using high-sulfur fuel oil, violations of legal limits on pollutant emissions, and the lack of regulation of the power plant by federal authorities.