Mexico’s Supreme Court rules against E10 regulation

By Erin Voegele | January 16, 2020

Mexico’s Supreme Court announced on Jan. 15 that it has determined the Energy Regulatory Commission’s unilateral move to modify the country’s fuel standard to allow 10 percent ethanol blends is unconstitutional.

The ERC published a fuel regulation (NOM-016-CRE-2016) in the Mexican federal register on Aug. 29, 2016, allowing for the blending and sale of up to 5.8 percent ethanol in the nation’s fuel supply, with the exception of the three metropolitan areas of Mexico City, Guadalajara and Monterrey. Less than a year later, in June 2017, the ERC announced a change to that regulation to allow 10 percent ethanol blends in the country, with the exception of the same three metropolitan areas.  

In a press release issued on Jan. 15, the court cited concerns related to air quality and indicated the ERC exceeded its authority in modifying the rule. The court’s ruling reverts the rule to its August 2016 form, allowing for up to 5.8 percent ethanol.

A full copy of the announcement is available on the court’s website.