Q: The federal government's approach to mining has shifted considerably. What does the current legal landscape look like and where are the pressure points?

A: Over the past 18 months, we have seen a positive shift in openness to dialogue from the current federal administration, particularly from the Ministry of Economy and SEMARNAT. This has translated into what we identify as five pillars of Mexico's new mining policy.

The first is water. With the enactment of the new water legislation, water management has become a top priority within SEMARNAT for project approvals. The second is forestry, through the National Forestry Plan, which raises the bar on environmental commitments from mining companies. The third is education, through a formal collaboration agreement signed in mid-2025 between the Ministry of Economy, leading mining education institutions, the Canadian Chamber of Commerce, CAMIMEX, and the National Association of Mining and Metallurgical Engineers. The goal is to promote intellectual property, new technologies and talent development within the industry.

The fourth pillar is the revival of FIFOMI, the mining financial institution that was on the verge of dissolution under the previous administration. It has been repositioned as a vehicle to support supply chain development and project financing, and several Canadian companies have already engaged with it. The fifth is the adoption of TSM protocols, which are becoming a baseline expectation for responsible mining operations in Mexico.

None of these commitments are new to the industry, mining companies have been doing this work for years. What has changed is that the government now expects better documentation and communication around these efforts, and is using that as a filter to decide which projects to support.

Q: The government has canceled more than 1,000 concessions and the permit backlog remains significant. What is driving this and what should companies do?

A: Cancellations stem primarily from non-compliance: companies that had not paid surface rights or filed annual reports as required under the mining law. The General Mining Agency had not been enforcing those provisions consistently for years. During due diligence processes, we regularly find concessions that have not paid for five years with no cancellation proceedings initiated. What the government did was enforce a law that was already on the books.

The more concerning issue is that while these concessions are being canceled, the policy on new concessions remains in place and no new concessions are being granted. That means areas are being closed off permanently, with no pathway for future investment or exploration. That is where the real problem lies.

On permits, the backlog reflects a shift in expectations. It is no longer a checklist exercise. SEMARNAT is now evaluating projects against the new water regulations even when applications were filed two or three years ago. Companies need to approach permitting with a multidisciplinary team: legal, environmental, water, community relations, and operations, all working together.

Water, in particular, is becoming significant enough that we expect companies to have dedicated water managers in the near future. Community support also needs to be documented and presented as part of the application. The more evidence you have of community backing, the stronger your position with the authorities.

Q: The Supreme Court recently upheld the lithium reform reserving the mineral exclusively for the state. What does this mean for the industry?

A: The lithium resolution follows a process that began in 2022, and the unconstitutional action filed against the broader 2023 mining reform is still pending. These delays have actually given industry organizations like CAMIMEX and the Canadian Chamber time to engage with lawmakers and share their perspective on what works and what does not.

We saw that dynamic play out with the open-pit ban proposed by the previous administration, which was delayed repeatedly and ultimately did not move forward. Permits for open-pit projects are now being approved, which signals conditional government support. The condition is that companies demonstrate alignment with the five pillars.

On lithium specifically, the contradiction is clear: if the government wants to align with North American critical mineral strategies but reserves lithium exclusively for state development, the goals of those action plans become very difficult to achieve. 

If Mexico maintains a prohibition on private lithium development while the United States and Canada build policy around accessing that mineral, action plans will not deliver results. Regulatory coherence is not optional,  it is the foundation.

Q: With the USMCA review approaching and pressure around critical minerals mounting, should the industry expect new binding obligations?

A: North American action plans are designed to stabilize and promote trade and strengthen supply chains across the three countries. For that to work, you need aligned definitions, compatible legal frameworks and streamlined permitting processes.

Canada recently shifted from a six-to-eight-year permitting timeline to a fast-track process of six to eight months. Mexico used to operate on a similar timeline and has moved in the opposite direction, permits that once took six to nine months now take four to five years. That divergence undermines continental competitiveness and needs to be addressed as part of any meaningful trilateral framework.

Q: What is your outlook for clients and for ALN this year?

A: Our focus is not on growth for growth’s sake. We are focused on doing better work for the clients we have; growth follows organically, through referrals and through clients expanding their own projects. We have been working with some operating companies in Mexico for nearly 20 years, and that continuity drives our motivation.

We expect permit approvals to accelerate in the second half of the year. The direction from the government is positive, but companies need to be prepared, with the right teams, the right documentation, and a genuine understanding of what the government is looking for before they submit.

Q: Any final thoughts for the industry?

A: One concept I want to highlight is social resilience, the ability of a project to navigate geopolitical shifts, regulatory changes and social conflicts over time. I first heard it discussed at an event in July 2024 and introduced it at the Mexico Mining Forum in September. It builds on the evolution from corporate social responsibility to ESG, and takes it further.

The idea is that no single area of a project can carry the weight alone. Mining is like running a city, you are dealing with water permits, environmental approvals, labor issues, community agreements, agrarian authorities and more. Every authority you can think of touches mining at some point. Social resilience requires a holistic, team-based approach. Projects that treat it as one department's responsibility will encounter problems, while those with an interdisciplinary approach will last.

ALN Abogados is a Chihuahua-based law firm that focuses on the mining industry and its related needs. ALN Abogados has over 35 years of experience in a variety of legal matters, including environmental, social license, and land ownership.