Dear Clients and Friends,
In connection with the constitutional actions (amparo lawsuits) filed against the amendments to the “Mining Law, National Water Law, General Law on Ecological Balance and Environmental Protection, and the General Law for the Prevention and Integral Management of Waste in mining and water concessions matters”, published in the Federal Official Gazette on May 8, 2023, which were led by EC Rubio’s Mining and Constitutional Law specialists, partners Pablo Méndez Alvídrez and César Iván Holguín Córdova, we are pleased to inform you about a significant milestone in the defense of the legal rights of the mining industry.
We have been notified of the first favorable ruling issued in one of these constitutional actions (amparo lawsuits), which represents a monumental achievement, since the Amparo and Protection of the Federal Justice has been granted, as it means that the plaintiff company is exempt from the application of any legal provision contained in the contested amendment, and therefore, is legally released from complying with those provisions entailing the decrease of benefits or imposing excessive requirements.
As arguments, we asserted a series of violations arisen in the legislative process that led to the contested amendments; the court ruled that such violations resulted in the unconstitutionality and therefore, inapplicability of the amendments. This outcome establishes a precedent that we believe may be replicated in the remaining lawsuits filed against the amendments and currently being processed before the Federal Courts.
These actions confirm our commitment to continue protecting the interests of the mining industry.
We will keep our clients updated on the progress and outcomes of the filed claims.
Should you have any questions or comments regarding the foregoing, please do not hesitate to call your usual contact in the Firm.
Lic. Pablo Méndez Alvídrez / [email protected]
Lic. César Iván Holguín Córdova / [email protected]
Lic. Alejandro Guerra Herrera / [email protected]
Lic. Jorge Alberto Hernández Ogaz / [email protected]
Lic. Kevin Daniel Rico Motis / [email protected]
Lic. Yasmín Andrea Gutiérrez Lerma / [email protected]
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