López Obrador Declares New Natural Protected Areas

President López Obrador has protected a total of 43 natural areas in 23 Mexican states, representing almost 94 million ha. This makes López Obrador's government the one that has protected the most natural areas in the country's history. However, this has led to greater uncertainty in the mining sector, especially for those seeking to enter or expand their operations.

Recently, several decrees were published in the Official Journal of the Federation to incorporate 20 new natural protected areas, bringing the total for this administration to 43. Many of these areas are located in mining states, such as Zacatecas, Durango, Chihuahua, and Guerrero. Former President Lázaro Cárdenas, who held office from 1934 to 1940, was the previous president who preserved the most natural areas, with 41 in total in 18 states.

Although the decrees have been considered an important step to protect Mexico's environment, they have also created more uncertainty in the mining sector. The government's new laws have paralyzed several projects in different states. For example, the declaration of flora and fauna protection, as well as the restriction on the establishment of inhabited areas have affected mining in Mazapil, Zacatecas. 

Alberto Vázquez, Partner, VHG, highlights that although mining companies with permits in force do not have direct problems, the most affected are the new mining companies or those in the process of expansion. He added that, despite the amparos given, the lack of details regarding the new law means that many permits and applications are being denied.

"Applications for new exploration and exploitation concessions will be dismissed without further processing. If I have an application for a mining concession that has already been granted an amparo but is within one of these protected areas, they will reject it," explains Vázquez.

Vázquez adds that there are no transparent and objective criteria for determining the creation of natural protected areas in Mexico, which has created more uncertainty. Meanwhile, López Obrador has mentioned the need to take care of the environment, since he considers the industry is not taking enough measures to do so. “This is about protecting the environment, but in an authentic way, not in a simulated way, not hypocritical or with duplicitous discourse. In the case of mining, let us assume that with this initiative, half of the concessionaires in the mining industry were to leave, or to put it another way, half of the concessions were to be canceled. With that half, it would be enough to exploit the mining industry for more than a thousand years," he stated.