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Mexico’s Supreme Court Upholds State Control of Lithium

The decision narrows the role of private capital and sets the stage for case-by-case fights over future projects.

Overview

  • Mexico’s high court, in a ruling Tuesday, upheld the 2022 Mining Law that names lithium a national asset and reserves exploration and extraction to the State through the public firm Litio para México.
  • The justices rejected opposition senators’ claim that Congress had to conduct prior consultation with indigenous and Afro‑Mexican communities, saying a general legal change does not trigger that process.
  • The Court validated articles 1, 5 Bis and 10 of the Mining Law, which bar private concessions and allow lithium areas to be designated as mining reserves based on technical studies by the Mexican Geological Service.
  • Coverage diverged on the vote tally, with La Jornada and El CEO reporting a unanimous decision while El Informador described approval by a majority.
  • The ruling cements a state‑led model even as LitioMx has yet to turn a profit, and next steps on specific sites—especially in Sonora, home to major reported deposits—could prompt targeted legal challenges.