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Mexico’s Supreme Court Upholds Mining Overhaul, Affirms Dismissal of Pending Bids

The decision confirms pre‑reform filings conferred no vested rights, enabling enforcement of the 2023 concessions framework on open cases.

Overview

  • The Pleno voted 7–2 to revoke two amparos and validated the quinto transitorio that orders pending concession applications to be dismissed without further procedure.
  • Minister Lenia Batres’s opinion held that applicants had only an expectation of rights, not acquired rights, so applying the new law is not retroactive.
  • Ministers Giovanni Figueroa Mejía and Arístides Rodrigo Guerrero García dissented, arguing at minimum for processing requests under the rules in force when filed.
  • The Court accepted the Presidency’s position that a private petitioner lacks standing to claim violations of democratic deliberation in the legislative process.
  • The ruling signals that would‑be concessionaires must meet the reformed requirements under a regime that now prioritizes public tenders and resource sovereignty, with one case involving applicant Rosa Isela de la Rocha Nevárez dating to 2021.