Lithium: Mexican Court upholds exclusive mining for the State

The Supreme Court of Justice of the Nation (SCJN) upheld the 2022 constitutional amendment to the Mining Law, which designates lithium as national heritage and reserves its exploration and exploitation exclusively for the State; it also noted that consultation with indigenous and Afro-Mexican communities will be required—since this is a general provision without direct impact.

Some of the legislators who voted on and commented on this change in the reform expressed concern about the alleged lack of authority on the part of Congress to reserve lithium. In response, rapporteur Sara Irene Herrerias Guerra noted that such arguments were rendered baseless following the constitutional amendment of October 31, 2024, which expressly incorporated this resource as a strategic area in Articles 25, 27, and 28 of the Constitution.

Consequently, the Court upheld Articles 1, 5 BIS, and 10 of the Mining Law, which reserve the exploration, exploitation, and use of lithium for the State, declaring lithium deposits to be mining reserve zones and paving the way for the creation of a decentralized public agency to manage them.

The SCJN also held that the classification of lithium deposits as mining reserve zones is consistent with the principles of legality and legal certainty, since its implementation must be carried out in accordance with the procedures set forth in the Mining Law and its regulations, which require technical justification and the involvement of the Mexican Geological Service.