Mining 2026

MEXICO Law and Practice Contributed by: Fernando Todd, Mariana Todd, Jorge Garcia and Silvia Alanis, Todd

The government retains exclusive rights over certain activities, including the exploration and exploitation of oil, radioactive minerals, lithium, and solid, liquid, or gaseous hydrocarbons. These resources are not subject to concessions, as their management remains under strict government control. Mining Law Recent amendments to Mexico’s mining legislation In May 2023, significant amendments were made to the Mining Law, the National Waters Law, and related environmental legislation, introducing stricter regula - tions aimed at enhancing environmental protection and promoting sustainable resource management. These reforms, however, triggered numerous amparo lawsuits (constitutional appeals) filed by companies and individuals in the sector who argued that the amendments infringed upon acquired rights, the prin - ciples of legality, and the right to legal certainty. The resulting uncertainty disrupted the mining sector, cre - ating both economic and labour-related risks. In response to the large number of constitutional challenges and the contradictory rulings issued by lower courts, the Supreme Court of Justice of the Nation (SCJN) issued General Agreement No 3/2024, instructing federal courts to postpone decisions on amparo lawsuits and appeals concerning the 2023 reforms until the Court itself rendered a final constitu - tional interpretation. In June 2025, the First Chamber of the SCJN issued a key decision in a case challenging both the legislative process and the substance of the 2023 Mining Law Reform. The Court overturned the lower court’s rul - ing that had granted constitutional protection, holding that procedural irregularities in the legislative process do not, by themselves, amount to violations of individ- ual rights. It also concluded that the reform does not infringe upon the principle of non-retroactivity, since provisions on expropriation, temporary occupation, easements, water-use preferences and concession extensions do not create vested rights but merely future expectations subject to legal compliance and administrative authorisation. In September 2025, the SCJN Plenary reinforced this position, issuing a landmark ruling that upheld

the validity of the same transitory provisions and dismissed additional amparo claims brought by con - cessionaires. The Court confirmed that concession applications submitted before the 2023 reform did not generate acquired rights, emphasising that the Mexican State retains broad constitutional authority to redefine the regulatory conditions governing min - eral exploration and exploitation. The Court further clarified that, although the 2023 reform imposes new regulatory obligations and oper - ational limits on existing concession holders, these adjustments do not alter the essential legal nature or core attributes of mining titles. Instead, they fall squarely within the State’s sovereign power to regu - late and reshape the natural-resources framework in pursuit of the public interest, environmental protec - tion, and sustainable development. Key provisions of the New Mining Law The Mining Law establishes the framework for the exploration, exploitation, and management of mineral resources, including the process for granting mining concessions. Key elements are described below. Exploration activities Exploration and prospecting activities in new conces - sion zones are exclusively managed by the Mexican Geological Survey (Servicio Geológico Mexicano). These activities are initiated through exploration orders published in the Mexican Official Gazette. Private entities may request the Ministry of Economy to authorise exploration in a specific area where they possess information on potential mineral deposits. In such cases, the Mexican Geological Survey may enter into collaboration agreements with the request - ing party to conduct exploration activities. The requesting party has the right to be granted the new mining concession once the public bidding pro - cess is completed, provided that (i) they meet the requirements to qualify as a mining concession holder under the new Mining Law, and (ii) their economic pro - posal in favour of the Mexican State is at least 90% of the highest bid submitted during the process.

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