Disruptive Mining Regulations Need Private Sector Input: SLM
Disruptive Mining Regulations Need Private Sector Input: SLM
STORY INLINE POST
Q: What is SLM's main differentiator, and how does SLM support the mining sector?
CS: We have been in the market for 25 years. We are a boutique firm specializing in highly complex cases of national importance. Last year, we participated in the review and potential acquisition of a major steel industry project. This year, we are involved in a deep-sea mining project in Baja California, which is anticipated to generate a significant positive impact at the national level.
Our focus is on specialized cases that demand sophisticated solutions. Rather than handling large volumes of work, we take on high-complexity projects, including world-class mining initiatives. These types of cases require a highly specialized team with expertise in different aspects of mining law, including regulatory procedures, international frameworks, and litigation, that can go in-depth into the specifics of each case.
Our team is composed of professionals with advanced degrees and international experience, fluent in the technical language of the mining sector, which gives us a deep and practical understanding of the industry.
SS: Our ability to collaborate closely with authorities to address complex legal matters is what sets us apart as a firm. These matters often lack clear regulations. In some cases, the existing framework does not provide a definitive decision-making process for authorities. We engage with them from a technical-legal perspective to jointly analyze and resolve the matters at hand.
Q: What are the key legal challenges that need to be addressed in the deep-sea mining sector?
CS: Deep-sea mining is particularly interesting because it falls under both the jurisdiction of public international law and domestic law, requiring a high degree of analysis of comparative law. Mexico does not yet have an extensive legal framework on this subject. For example, the deep-sea mining project handled by this firm required an extensive state practice analysis, since it will address key issues that are not yet specifically regulated in Mexico.
SS: From an international jurisdictional standpoint, deep-sea mining activities in international waters must be carried out under state sponsorship, which is subject to oversight by a designated committee responsible for evaluating and approving such sponsorships.
Mexico is part of this committee. However, the United Nations Convention on the Law of the Sea (UNCLOS) established a special panel to make decisions on this matter. The resolution process will be politically complex, given the nature of deep-sea extraction and the valuable mineral content of nodules.
While UNCLOS governs activities in international waters, our work focuses both on the current permitting process under international jurisdiction and within Mexico’s Exclusive Economic Zone. This area is subject to domestic regulations, but there are additional technical considerations that make the legal analysis particularly interesting. Current projects are laying the legal groundwork for future developments of a similar nature, in light of the present absence of a sufficiently detailed legal framework. In areas such as artificial intelligence (AI) and deep-sea mining, regulatory authorities like the General Directorate of Mines must not only be well-prepared but also highly attentive. There needs to be strong engagement between companies and legal experts to navigate these complexities.
We have observed that the market often approaches these challenges reactively, focusing on how to resolve them through existing legislation. However, given their complexity, it is crucial to conduct in-depth studies on these emerging issues as mining continues to evolve globally.
Q: Why should mining authorities pay attention to AI development?
CS: Over the past 25 years, and particularly in the last 10 to 15 years, we have witnessed evolution in the mining sector. With AI, the sector is advancing into uncharted waters. We have the opportunity to be actively involved in these developments. The inclusion of data analysis and changes in processes has an impact on the financial, labor, and efficiency perspectives, which will create future opportunities and challenges. We must stay ahead and participate in the formulation of the upcoming regulations in such areas.
SS: AI is already legally complex in a general sense. In Mexico, its implementation will introduce some big challenges due to its application and the legal implications within the current regulatory framework. However, it also opens some great areas of opportunity, which could benefit the government and concessionaires alike.
From the governmental standpoint, certain data-driven and AI-powered tools are already benefiting some jurisdictions in such diverse fields as taxation, the identification of irregular mining activities, and the delimitation of areas of mineral deposits. Whereas, for concessionaires and mining companies at large, the information gathered by these tools can have a beneficial impact on their production and supply chains. It is important to remember that the key is not just the technology itself but its practical consequences.
Globally, several AI-driven companies are emerging to capitalize on the implementation of these new technologies. Many of them are already securing significant capital despite still being in their early stages. We represent some of these companies, preparing them to enter the Mexican market across various mining applications, and we believe that the Mexican Geological Survey, as the holder of the mining public data, should be prepared to collaborate with these emerging practices.
Q: How does SLM assess Mexico’s current mining legal framework and regulations under Claudia Sheinbaum?
CS: SLM has an excellent relationship with the current officials, and we have observed that Sheinbaum has shown openness toward the mining sector.
Some of these authorities, including the Director General of the Public Register and the Director General of Mines, have allowed us to dialogue with them on key issues, such as accepting our reviews of the upcoming Mining Law Regulations. In this regard, we can see that they have been receptive and have shown genuine interest in the input from mining lawyers and professionals.
This is the key difference from the previous administration, when there was little engagement or follow-up. In contrast, this administration, under Dr. Sheinbaum’s guidance, has prioritized direct attention to mining issues, which is very positive for us and, most importantly, for our clients.
Q: How could this change of stance toward the mining sector impact foreign companies?
SS: It is true that currently, the mining law framework is undergoing a transitional period. However, we see that the approach of the new administration has reinstated a more stable state of law for foreign investors. Despite the ambiguity that still stands in some instances of the law, when addressing issues on a case-by-case basis, as a firm, we have also worked to maintain a notion of institutional stability. This has reflected in a newfound confidence by countries outside of our traditional North American partners.
As new investments and mining projects emerge from Canadian and national companies, we are also witnessing increased participation from countries in regions like West and East Asia—nations that were previously unfamiliar with Mexico’s mining sector.
Q: What are the most common challenges the firm solves when it comes to community relations?
CS: The recent mining reforms placed a much bigger emphasis on the social and environmental responsibilities of concessionaires. This is also an issue that will play a huge role in the drafting of the new regulations of the Mining Law, and in that regard, we see some big challenges in how to implement this new normative framework effectively. Our close contact with the Mining Authorities has centered in part around this fact.
Additionally, when it comes to the needs of our clients, we see an eagerness to undertake effective community relations. However, this ever-changing legal landscape can be confusing as to how to do it effectively and with due process. Right now, assessing social and environmental impact demands extensive analysis, as the scope of mining production's impact on surrounding communities has not yet been defined. While one might assume the impact would be limited to an immediate radius, the effects of a mining project can extend much further.
SS: Some of our discussions with the General Directorate of Mines focus on measuring social consequences and their alignment with environmental issues. While these aspects must be addressed separately due to their assigned responsibilities among government offices, their effects are interconnected. We believe that close coordination between environmental and mining authorities is essential for effectively implementing community relations policies, particularly now that social impact studies will be mandatory under the new Mining Law.
SLM elaborated a comparative law analysis to help us understand how other jurisdictions have dealt with these social issues and how they have addressed them separately to clearly distinguish legal consequences, to submit it to the General Directorate of Mines as a means of support.
Q: What are SLM’s plans for 2025?
CS: This year looks promising, especially with the political stability brought by the new administration. The shift in decision-making came between December 2024 and January 2024, as investors see greater certainty and clarity, despite the new Mining Law’s regulation not being published yet. This year and the next few years look promising due to growing trust in the mining sector.
This year, we aim to help fill the gaps in the current Mining Law with upcoming regulations. We believe that what matters most is what we contribute to shaping the industry’s future. While we handle numerous clients and cases, we also want to leave a meaningful impact on this yet-to-be-published regulation, which could create millions of jobs and foster further industry growth.
SS: This year is crucial for Mexico. The mining sector must remain close to the authorities to support growth. Mexico has a historical mining legacy, and legal firms like ours must work with the government to help guide the sector’s future. We see it as our responsibility to contribute to the country’s development, especially by supporting regulatory frameworks. For us, it is not only about resolving client issues but also ensuring the growth of the mining industry.
Servicios Legales Mineros (SLM) is a law firm with 25 years of experience in the mining industry. The firm offers legal services from exploration to the cessation of operations, including environmental, mining, and energy-related litigation. SLM provides due diligence, acquisition negotiations, and legal compliance audits, along with advice on environmental impact assessments and permits with SEMARNAT. The firm also specializes in ESG practices, Social Licensing, and conflict resolution with local and Indigenous communities, and land rights negotiations across various property types.







By Fernando Mares | Journalist & Industry Analyst -
Tue, 05/13/2025 - 12:51









