MEXICO Trends and Developments Contributed by: Fernando Todd, Mariana Todd, Jorge Garcia and Silvia Alanis, Todd
• the format and methodology for Social Impact Assessments (SIA); • the mechanisms for coordination between federal and state authorities; and • the financial and technical conditions for mine clo - sure and post-closure plans. Without these clarifications, concepts such as “strate - gic minerals”, “community participation mechanisms”, or “mine closure plans” remain undefined. This has led to delays in administrative procedures, as well as inconsistent environmental reviews and obstacles to investment and operational continuity. Institutionally, the delay reflects the challenge of bal - ancing political objectives with administrative capaci - ty. Until the Regulation is issued, both concessionaires and authorities operate under discretionary criteria, increasing the risk of arbitrary decision-making and administrative conflict. Constitutional challenges and recent judicial criteria The 2023 Mining Law Reform has not only generated operational uncertainty but has also triggered signifi - cant constitutional debate. Several mining companies, business chambers, and indigenous communities filed amparo lawsuits and constitutional challenges against the Decree published in the Official Gazette of the Federation on 8 May 2023 which amended, added, and repealed provisions of the Mining Law, the National Water Law, the General Law of Ecologi - cal Balance and Environmental Protection and the General Law for the Prevention and Comprehensive Management of Waste in matters relating to mining and water concessions. Decision of the First Chamber of the Supreme Court of Justice of the Nation In June 2025, the First Chamber of the Supreme Court of Justice of the Nation (SCJN) revoked the judgment of a Federal District Judge who had granted an amp - aro to a mining company because not every proce - dural irregularity in the legislative process can be chal - lenged through constitutional relief by private parties. The Chamber reasoned that formal defects in the leg - islative process are only relevant when they directly
affect individuals’ fundamental rights, which was not the case here. Thus, the mere existence of alleged procedural flaws during the approval of the Decree was insufficient to invalidate the reform. Substantive analysis of the company’s claims Upon analysing the remaining arguments raised by the company, the SCJN held that the Decree does not violate the constitutional principle of non-retroactivity. The Court explained that the amendments concern - ing: • the expropriation of land for mining works and operations; • temporary occupation and the establishment of easements; • the preferential right to obtain water concessions derived from mining operations; do not constitute acquired rights but rather mere expectations subject to legal requirements and admin - istrative authorisation. Impact on concession ownership The Court also reflected that, although the new pro - visions may introduce new obligations and limita - tions affecting the operation of mining concessions, they do not alter the essential conditions of existing titles. Instead, they represent regulatory adjustments of which the content is inherently determined by the prevailing legal framework. In so doing, the SCJN reaffirmed the principle of State regulatory supremacy, according to which conces - sionaires do not enjoy an absolute right to immutable conditions under their titles. Rather, they must adapt to legislative changes enacted in the public interest for environmental protection and for the sustainable use of resources. Implications for the industry The ruling confirms that concession applications sub - mitted before the reform do not confer vested rights, but only expectations subject to compliance with the new legal framework. This strengthens the State’s authority to reshape mining policy in accordance with • renewal of concession terms; and • applications for new concessions
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