Mexico’s Supreme Court Upholds 2023 Reforms to Mining, Water, and Environmental Laws
- De Hoyos Aviles
- Jul 12
- 3 min read
Updated: Jul 15
Implications for Foreign Investors and Mining Operators
On June 25, 2025, Mexico’s Supreme Court issued a landmark ruling confirming the constitutionality of major reforms enacted in 2023 to the Mining Law, the National Water Law, the General Law of Ecological Balance and Environmental Protection, and the General Law for the Prevention and Integral Management of Waste.
These reforms primarily affect concessions related to mining operations and the use of water resources.
Background of the Case
The case involved a mining company that had filed a constitutional challenge (amparo) against the legislative process and the substantive content of the reforms published in Mexico’s Official Gazette on May 8, 2023.
A District Court had initially granted the amparo, citing alleged procedural irregularities in the legislative process. However, the Supreme Court reversed this decision, emphasizing that not every legislative irregularity is subject to review through the amparo process.
The Court reaffirmed that private parties cannot challenge legislative procedures unless the defect directly infringes on their constitutional rights.
Key Legal Findings
The Supreme Court made several important determinations that will have implications for the mining industry, particularly companies with foreign capital or operating under concessions granted prior to the 2023 reforms:
No Violation of Legal Certainty or Non-Retroactivity:
The Court found that the reforms do not retroactively affect “acquired rights.” Elements such as rights to future concession extensions, land expropriations for mining purposes, or preferential access to water from mining operations are considered mere legal expectations, not vested rights.
Validity of New Regulatory Obligations:
While the reforms introduce new obligations and restrictions on concession holders, such as environmental safeguards or reporting requirements, these were deemed regulatory in nature and consistent with the evolving legal framework. The Court ruled that these changes do not alter the core rights granted by existing concession titles.
Obligation to Report Non-Declared Extracted Minerals:
The Court upheld Article 27, Section XVI of the Mining Law, which requires concessionaires to report and deliver minerals not specified in their concession title to the Ministry of Economy.
Legislative Power to Regulate Mining Zones and Water Use:
The ruling confirmed that Mexico’s federal legislature has the authority to establish general legal restrictions on where extractive activities may take place, and under what conditions water resources derived from mining can be used—without infringing upon the executive branch’s regulatory powers.
Implications for Foreign Investors
This decision solidifies the legal standing of the 2023 reforms and may lead to increased regulatory scrutiny and environmental obligations for mining companies operating in Mexico. While the Court preserved core concession rights, it left room for the government to enforce stricter operational and reporting standards, especially around sustainability and natural resource use.
Foreign investors and operators—particularly those from the U.S. and Canada—should review their current concession titles, operational practices, and compliance programs in light of the reaffirmed legal framework. The decision also underscores the importance of anticipating regulatory evolution when assessing investment risks in Mexico’s extractive industries.
Final Note:
While this ruling resolves the constitutional challenge brought by one company, it is likely to serve as a guiding precedent for future disputes involving similar legal reforms.
Stakeholders are encouraged to seek legal counsel to navigate the implications of this judgment and to ensure ongoing compliance with Mexico’s updated mining and environmental regulations.
This article is for informational purposes only and does not constitute legal advice. For specific guidance on how these reforms may affect your operations in Mexico, please contact our legal team.
