Canadian company obtains first provisional suspension against mining law – El Sol de México

A federal judge granted the first interim stay in favor of The Canadian company First Majestic Silver against the application of part of mining law What was that approved at the Union Congress last April.

In this way, the company becomes the first mining company to obtain a judgment in its favor against this law approved in an accelerated procedure by the majority of Morena and its allies, with whom they seek to limit mineral extraction concessions in the country as well as the exploitation of aquifers for this activity.

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However, First Majestic Plata only formed the amparo so that the third paragraph of the fifth transitional article of the Decree published on May 8 in the Official Journal of the Federation, which automatically cancels all applications for exploration and exploitation concessions that are in progress at that time.

This means that it does not stop the reform fund promoted by President Andrés Manuel López Obrador’s party, but rather allows the mining company to continue processing concessions requested under previous legislation.

“The plaintiff is not asking for the suspension of any specific obligation, duty, restriction or measure, but what she is asking with the precautionary measure is that the third paragraph of the fifth transitional article not be executed (…) in terms of concessions for Mines and Water, that is to say that the request for a mining concession requested by it is not dismissed without any other form of trial.” explained the judge of the fourth district in administrative matters in Mexico City.

The judge clarified that the provisional suspension granted to the Canadian company will be as long as the concession does not affect “the social interest and the provisions of public order are not violated”.

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In the meantime, he has set a date for the incidental hearing of June 7, where he will determine whether or not to grant the reprieve definitively. If so, the Mexican government can still appeal the resolution in court.

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