The initiative to enact a new General Law of Ecological Balance and Environmental Protection (LGEEPA), introduced by the Federal Executive in September 2026, proposes changes that could affect the planning and operation of mining projects. The text is still undergoing the legislative process and may be amended before approval. For the time being, the obligations described below are proposals and are not currently in force.
One of the key areas of interest for the sector is mine closure. The initiative would retain the obligation to have a restoration, closure and post-closure program in place, while allowing SEMARNAT to require updates when there are changes to the works, project conditions, environmental regulations, or the geotechnical and hydrogeological risks associated with mining waste deposits. For an operating mine, this could require a review of the estimated closure costs and the financial guarantee supporting them.
Changes are also proposed to the environmental impact assessment process. Authorizations could establish essential requirements whose non-compliance would render the authorization ineffective. In addition, if a project does not commence within the established timeframe, which could not exceed five years, a new Environmental Impact Statement (MIA) would be required. The initiative also provides for a procedure to request authorization after a project has already commenced or been completed, together with an environmental damage study, restoration and compensation measures, and a financial guarantee. This would not prevent the authorities from taking action in relation to potential violations.
With respect to environmental risk, the initiative proposes replacing environmental risk insurance with liability insurance covering environmental damage. Its scope and conditions would depend on implementing regulations. This issue deserves particular attention in facilities involving tailings dams, hazardous substances or other components subject to risk assessments.
The initiative would also expand inspection and verification mechanisms, as well as the circumstances under which companies could be held liable for the acts of their personnel and third-party contractors. The proposed maximum fine would reach two million UMA. In addition, an Environmental Offenders Registry would be created which, under certain circumstances, could affect subsequent procedures related to a project.
Finally, the text provides that certain subsequent amendments to environmental regulations would prevail over provisions contained in permits and authorizations already granted. The practical scope of this rule and its application to projects already in operation will require close monitoring, as will the details that would remain subject to implementing regulations.
For mining companies, the immediate step is to identify which authorizations, closure programs, guarantees, insurance policies and operating contracts could be affected if the initiative moves forward.
At ALN Abogados, we continue to monitor the legislative discussion and its potential implications for each stage of mining projects.
