SEMARNAT Bars New Mining Projects in Protected Natural Areas

SEMARNAT has banned the issuance of new environmental permits for mining projects within federally protected natural areas, implementing a Supreme Court ruling that upholds the 2023 Mining Law reforms and strengthens environmental oversight. The measure expands CONANP's role in project reviews, applies stricter permitting requirements to mining concession holders and reinforces the federal government's regulatory approach to balancing mineral development with environmental protection. The changes affect mining companies, investors and project developers operating in or near protected ecosystems across Mexico.

Mexico’s Ministry of Environment and Natural Resources (SEMARNAT) has banned the issuance of new environmental permits for mining projects within Natural Protected Areas (ANPs). The decision means it will no longer be possible to obtain the environmental authorization required to develop new mining projects inside federally protected natural reserves.

Through an agreement published Monday in the Official Gazette (DOF), the ministry instructed its officials not to grant authorizations, permits, registrations or licenses for mineral exploration, extraction or processing activities within federally protected natural areas.

The measure stems from a ruling issued on July 3 by Mexico’s Supreme Court of Justice (SCJN), which determined that the 2023 amendments to the Mining Law and other environmental legislation do not violate the constitutional principle of non-retroactivity. In other words, the Court concluded that companies holding mining concessions granted before those reforms must also comply with the new rules when applying for environmental permits, since a mining concession does not constitute an acquired right to obtain such authorizations.

The comprehensive reform to the Mining Law, enacted in 2023, reshaped the sector’s regulatory framework by prioritizing environmental protection, water availability and community rights. Among other changes, it established that mining concessions no longer automatically grant the right to conduct exploration or extraction activities. Instead, projects must first obtain the corresponding environmental authorizations and comply with stricter requirements related to environmental impact, water use and community consultation, reinforcing the state's oversight of mining activities.

Under the new prohibition, the National Commission of Natural Protected Areas (CONANP) will play a more prominent role in reviewing mining projects. From now on, every environmental impact assessment request related to mining activities must be immediately reported to the commission, which will prepare a mandatory technical opinion for SEMARNAT to determine whether the project could affect one or more protected natural areas.

Moreover, the review will not be limited to projects located within a protected area. If a mining project is proposed outside the boundaries of a reserve but could potentially generate impacts on it, a technical assessment will also be required.

The agreement takes effect today. Environmental impact assessment applications currently under review must be resolved in accordance with the new provisions. Meanwhile, holders of environmental authorizations granted before May 8, 2023, who have not yet submitted the environmental program required under the General Law of Ecological Balance and Environmental Protection (LGEEPA), will have 15 business days to begin that process.

Mining Policy Context

These new provisions are consistent with the position maintained by President Claudia Sheinbaum’s administration on safeguarding the country’s natural heritage for the benefit of ecosystems and the population. In February, the federal government announced that it had recovered 1,126 mining concessions during the current administration, covering a total of 889,512ha. Of those, 713 concessions, representing 249,108ha, were located within Natural Protected Areas.

Fernando José Aboitiz, head of the Extractive Activities Coordination Unit, explained that the concessions were recovered due to the non-payment of mining duties or the failure to submit the required statistical and operational reports documenting activities carried out in the concession areas. The states with the largest number of recovered concessions were Sonora, Durango, Coahuila, Jalisco, Zacatecas and Chihuahua, in that order.

Additionally, President Sheinbaum emphasized the importance of national sovereignty over the country's mineral resources. "Mexico's mineral reserves belong to Mexico, and their exploitation ultimately corresponds to Mexico. That is not subject to any negotiation. It is established in our Constitution, and it is very clear to everyone. We are not giving anything away to anyone, and that is very important to keep in mind," she said.

Recent Enforcement Actions 

The new restrictions also come amid increased environmental enforcement against mining activities. Last week, following citizen complaints, the Federal Attorney for Environmental Protection (PROFEPA) imposed the temporary total closure of two sites in the state of Sonora after detecting large-scale gold extraction activities operating without the environmental impact authorizations required under federal law.

The inspections sought to verify compliance with environmental regulations and prevent potential damage to local ecosystems, soils, aquifers and regional biodiversity. The closure orders were issued as definitive precautionary measures while the legal proceedings involving those responsible are resolved.

Similarly, earlier this month, PROFEPA shut down an illegal feldspar mine on a property in the municipality of Zacatlán, Puebla, after identifying an unauthorized land-use change on forest land that resulted in the clearing of vegetation across approximately 3,000m² without the required federal environmental permits.

The agency said it will continue the corresponding administrative proceedings and strengthen inspection and enforcement actions in the region, in coordination with other authorities, to protect forest resources and prevent further environmental damage.