The prospects for Mexico's mining reform after supreme court freezes injunctions

Mexico’s supreme court (SCJN) ordered the country's federal courts to temporarily freeze injunctions against the May 2023 reforms to mining and water concessions.

According to a decree published in the official gazette this week with the intention of avoiding contradictory resolutions in collegiate courts, the SCJN will be the one that definitively resolves the fate of the injunction requests filed against the reforms of the mining, water, ecological balance and environmental protection, and prevention and management of waste laws.

A lawyer and expert in mining issues, Alberto Vázquez, told BNamericas that what the decision implies is that the injunctions and rulings issued by district courts on the matter continue in the state in which they are.

“The SCJN, having two unconstitutionality actions on the same issue pending resolution, when it resolves them, will generally apply that criterion to the injunctions… It will order that they be resolved in the same sense,” said Vázquez, adding that in the meantime the mining companies that filed the injunctions continue to be protected from the new laws.

“What I think the court is looking for is to avoid rulings in opposite directions, or contradictions,” added the partner at law firm Tête à Tête Abogados.

Last week, local media reported that, in a private plenary session, the nation's highest court approved the proposal of justice Lenia Batres by nine votes in favor and one against to avoid further court rulings on the issue until the unconstitutionality actions are resolved.

Vázquez said the SCJN will not rule on the unconstitutionality actions until August at the earliest. “The issue that they are dealing with now is judicial reform.”

“The rulings of district judges in several states are very forceful and solid, declaring the unconstitutionality of the reform. Honestly, studying the rulings, I see it as very difficult for the court [SCJN] to change the meaning of the rulings,” the lawyer said.

Vázquez said the appeals for the review of the injunctions in collegiate circuit courts were mainly filed by the congress, the economy ministry and the presidency.