According to article 27th of the Law of the Coordinated Regulatory Agencies in Energy Matters (Ley de los Órganos Reguladores Coordinados en Materia Energética, “LORCME”), the National Hydrocarbons Commission (“CNH”) and the Energy Regulatory Commission (“CRE”)’s acts can only be challenged by means of an amparo indirecto with no temporary injunction (suspensión) of the act.1
Nevertheless, in some cases, energy companies might need to get an injunction against a regulator’s act, for example:
CNH’s approval to suspend the activities contemplated in Exploration and Development Plans, ARES and drilling permits.
» What if continuing the activities jeopardize production, safety, environment, a human right, . . . ?
We believe that it can be argued that the restriction of injunction is unconstitutional on the following grounds:
María Serna advises on the design of the regulatory compliance strategies where she oversees that each of our suggestions is both legally viable and enforceable as well as representing the minimum government relationships wear. She has experience in advocating before high-level public servants of the energy regulators in favour of our clients often integrating diverse stakeholders’ points of view.