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Original article: México endurece reglas y prohíbe explotación minera en ecosistemas protegidos sin aval ambiental

Mexico’s Secretary of Environment and Natural Resources (Semarnat) has issued a decree that strictly prohibits any exploration and mining activities in federally protected natural areas unless an environmental impact assessment approval is obtained.

This immediate measure redefines the balance between economic development and ecological conservation in the Latin American country, as it not only halts ongoing projects but also compels public officials to act as stewards of ecosystems, forbidding them from granting permits for projects that threaten the integrity of these protected territories.

The new legal framework, effective from Tuesday, establishes a key principle: environmental approvals are an administrative process completely separate from mining concessions. This means that no holder of an extraction permit, even those granted before May 9, 2023, can invoke that right as a justification to operate in protected areas.

The regulation emphasizes that holding a concession does not equate to an automatic right to exploit, thereby separating two processes that were often conflated in the past, and clarifying that environmental approval is a crucial filter that must be passed before initiating any project.

Environmental Restoration Before, During, and After Mining Projects

According to the decree, Semarnat officials are prohibited from authorizing the final disposal of mining and metallurgical waste in protected natural areas, wetlands, waterways, and federal water zones, a measure aimed at addressing the significant risks these wastes pose to both human health and the balance of aquatic and terrestrial ecosystems.

Additionally, they must ensure that contractors implement environmental restoration programs before, during, and after their operations, making damage repair a permanent requirement rather than a mere post-extraction commitment.

To ensure these measures are effectively enforced, the decree establishes a rigorous control and supervision mechanism. When officials receive a request for an Environmental Impact Assessment related to exploration or mining activities, they are required to promptly inform the National Commission for Protected Natural Areas (Conanp), which must prepare a technical report that will be binding in the final decision, as reported by the newspaper La Jornada.

This responsibility falls directly to the head of Conanp, Pedro Álvarez Icaza, who has been delegated the authority to supervise and ensure strict compliance with the prohibitions, making him a key figure in the effectiveness of the new environmental policy.

The context of this decision traces back to the reform of the Mining Law on May 8, 2023, a watershed moment that radically transformed the concession regime in the country. Prior to that date, permits for the exploration and extraction of all materials and minerals were issued, even granting control over water; however, the new legislation restricted concessions to specific minerals and subjected activities to strict water management controls.

This regulatory change, now reinforced by Semarnat’s decree, has received the backing of the Supreme Court of Justice of the Nation (SCJN), which has ruled that concession titles and environmental permits are independent and successive processes, thus confirming that holding a concession does not automatically grant a right to exploit; instead, the holder must obtain prior environmental approval, solidifying a new paradigm in Mexico where ecosystem protection takes precedence over extractive interests.

La entrada Mexico Tightens Regulations, Banning Mining Activities in Protected Ecosystems Without Environmental Clearance se publicó primero en El Ciudadano.