Minister Requests Review of Amparos Against Mining Law

Lenia Batres Guadarrama, Minister, Supreme Court, requested the review of the 19 amparos filed against President López Obrador's Mining Law reform, as the lower courts did not thoroughly examine the constitutionality of the reforms and only granted amparos for violations in the legislative process, she said.

Batres explained that the lawsuits were filed in various district courts in Durango, Sonora, Morelos and Jalisco, which granted the amparos. However, Batres argued that the courts did not study the constitutionality of the reforms. Therefore, she intends for the Supreme Court to intervene and establish a criterion on the structural redefinition of mining activities and their use of water in the new legal regime. "This will allow ministers to set a precedent on whether a district court may decree the revival of laws without first analyzing the validity of the reforms challenged via amparo," stated Batres on X.

On April 28, 2023, the Plenary of the Senate, composed only of MORENA senators, approved the Mining Law. Among the main highlights of the reform were a reduction of mining concession times and the facilitation of permit cancellations. Opposition parties like PAN argued that the reform was unconstitutional as it was fast tracked without a proper debate. 

Despite criticism, the Mining Law was published in the Official Gazette of the Federation, changing the panorama for the sector. The new legislation reduced the duration of mining concessions from a maximum of 100 to 80 years. The text also establishes that exploratory activities are reserved for the State through the Mexican Geological Service (SGM) or through assignments to entities of the federal public administration. 

On March 8, the Supreme Court published a binding ruling questioning 25 aspects of reforms to laws governing Mining, National Waters, General Ecological Equilibrium, and Waste Management. In addition, it granted a temporary suspension to protect the rights of companies with active concessions. To date, companies have filed over 500 amparos against the reform, arguing that their rights to legal certainty, legality, and legitimate expectations are being undermined by the reforms.