Injunctions issued against certain provisions of the recent amendment to the Hydrocarbons Law

 Professional related: Horacio M. de Uriarte   |      May 18th, 2021

District Courts in Administrative Matters specialized in Economic Competition, Telecommunications and Radio have granted the first permanent injunctions against certain articles of the recent amendment to the Hydrocarbons Law (“HL”), in several amparo proceedings (constitutional reviews) filed against such amendment.

Although the corresponding authorities may challenge such injunctions before Federal Circuit Courts, in principle, they will remain in force until the merits of the case are resolved. For context, on May 4, 2021, the “Decree amending and supplementing several provisions of the Hydrocarbons Law” (the “Amendment”) was published in the Official Gazette of the Federation.

The Amendment sets forth, among other things, the following:

i. For the granting of the permits referred to in the HL, applicants must now demonstrate that they have the storage capacity determined by the Ministry of Energy (“SENER”).

ii. A “deemed denial” is introduced in the proceedings for the assignment of permits granted by SENER and the Energy Regulatory Commission (“CRE”).

iii. Introduction of new causes for revocation of permits.

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