MEXICO Law and Practice Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
These reforms aim to address pressing envi - ronmental challenges, including greenhouse gas emissions, sustainability, energy efficiency, and the management of critical natural resourc - es such as water. Specific provisions target waste management, land restoration, and water resource protection in the mining sector. However, these legislative changes have sparked significant controversy. A large number of amp - aro lawsuits have been filed by companies and individuals in the mining sector, arguing that the reforms infringe upon acquired rights, principles of legality, and the right to legal certainty. This has created economic and labour risks, desta - bilising the industry.
To address these legal challenges, the Supreme Court of Justice of the Nation (SCJN) issued General Agreement No 3/2024, instructing courts to delay rulings on amparo lawsuits and appeals related to the 2023 reforms. The SCJN will ultimately determine the constitutionality of these reforms, a decision that remains pending. The resolution of the Supreme Court on the validity of the New Mining Law or the restate - ment of the former is a key aspect to consider for the future of the mining industry in Mexico and, in case the New Mining Law is confirmed, the strict application or softening by the Mexican government of the same will play a decisive role in shaping the regulatory environment and future prospects of Mexico’s mining sector.
321 CHAMBERS.COM
Powered by FlippingBook