Mayer Brown (LexBlog Mexico)

On October 31, 2022, the Bureau of Ocean Energy Management (BOEM) within the US Department of the Interior finalized two Wind Energy Areas in the Gulf of Mexico Outer Continental Shelf. This Legal Update provides further detail for companies interested in developing or financing offshore wind projects. Continue reading at Mayerbrown.com.

On October 28, 2021, in furtherance of the Biden-Harris administration’s goal of deploying 30 gigawatts (GW) of offshore wind energy by 2030, the US Department of the Interior announced three major offshore wind development proposals. First, the Bureau of Ocean Energy Management (BOEM) announced a proposed lease sale for offshore wind development for approximately 128,000...

On February 1, 2022, Louisiana Governor John Bel Edwards’ Climate Initiatives Task Force submitted its 177-page Climate Action Plan, which proposes a goal of 5 gigawatts (GW) of offshore wind (OSW) power generation by 2035 and notes that: [T]his goal requires strategic collaboration across Louisiana state agencies and the federal government, transmission planning agencies, energy...

On October 12, 2021, the U.S. Department of Homeland Security (DHS) announced that it will reopen the U.S. land borders with Mexico and Canada for non-essential travel for vaccinated travelers.  Non-essential travel includes tourism and family visits.  Land and ferry crossings from Canada and Mexico have been closed to non-essential travel since March 2020.   ...

On August 20, 2021, the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos,”CNH”) published in the Federal Official Gazette the Resolution CNH.E.22.008/2021 by which several provisions of the guidelines that regulate the Exploration and Development Plans for the Extraction of Hydrocarbons are modified, added and repealed (the “Resolution”). Continue Reading

After a brief review before the Federal Regulatory Improvement Commission (Comisión Nacional de Mejora Regulatoria, “CONAMER”), on July 28, 2021, the Ministry of Energy (Secretaría de Energía, “SENER”) published in the Federal Official Gazette (Diario Oficial de la Federación, “DOF”) an Emergency Guideline for the Welfare of Liquefied Petroleum Gas Consumers (the “Guideline”) urging the...

More on US offshore wind from my partners Paul Forrester and Eric Pogue.

A district judge has temporarily suspended with general effects the amendment to the Hydrocarbons Law eliminating PEMEX’s asymmetric regulation.  Please see Legal Update at link below for all details. https://www.mayerbrown.com/en/perspectives-events/publications/2021/06/mexico-district-judge-suspends-amendment-of-hydrocarbons-law-that-repealed-pemexs-asymmetric-regulation?utm_source=vuture&utm_me

The amendment to the Hydrocarbons Law regarding asymmetric regulation has been published in the Federal Official Gazette, becoming effective as of May 20, 2021.  Additional details at the link below. https://www.mayerbrown.com/en/perspectives-events/publications/2021/05/mexico-amendment-to-hydrocarbons-law-regarding-asymmetric-regulation-is-published?utm_source=vuture&utm_medium=email&utm_campaign

Two district judges have temporarily suspended certain provisions of the amendment to the Hydrocarbons Law.  Please see full story at link below. https://www.mayerbrown.com/en/perspectives-events/publications/2021/05/mexico-amendment-to-hydrocarbons-law-is-partially-suspended?utm_source=vuture&utm_medium=email&utm_campaign={vx:campaign%20name}

On May 4, 2021, the first amendment to Mexico’s Hydrocarbons Law was published in the Federal Official Gazette, with the legislative process having concluded on April 22, 2021, after a heated debate during a plenary session of the Senate (the “Amendment”). The Amendment modifies core aspects of the permits necessary to perform midstream and downstream...

Another amendment to the Hydrocarbons Law has been approved, ending the power of the Energy Regulatory Commission to enforce asymmetric regulation in the hydrocarbon, petroleum products and petrochemical markets.  The Legal Update at the link below explains the scope and implications of such proposed amendment. https://www.mayerbrown.com/en/perspectives-events/publications/2021/04/mexico-another-a

Following the Mexican government’s latest initiative to amend the Hydrocarbons Law, concerns about Mexico following in Venezuela’s footsteps to undo the energy reform are growing. It is important to keep in mind certain key differences between Venezuela and Mexico and how each country opened its oil and gas industry to private investment. This will help...

The current government launched an attack against the electricity legal framework established by its predecessor. The new framework reflects a major change in policy concerning the participation of the private sector in Mexico’s electricity industry, which could endanger billions of dollars in investments, the creation of thousands of jobs and could result in the emission...

The House of Representatives approved the draft of an initiative to reform the Hydrocarbons Law with minor modifications notwithstanding the antitrust watchdog (COFECE) opinion. The Senate’s approval is next. For more details on the approval and the next steps, see our legal update.

On March 26, 2021, the Mexican House of Representatives published in the Parliamentary Gazette an initiative to amend certain provisions of the Hydrocarbons Law, an amendment directly proposed by President Andrés Manuel López Obrador. This Legal Update details the content of such initiative and the next steps for its approval.

A federal district court suspends, with general effects, President López Obrador’s amendments to the Electricity Industry Law. This Legal Update details the content of the decision on the injunction or amparo.

The Resolution That Establishes the Goods Whose Import and Export Are Subject to Regulations Issued by the Ministry of Energy was officially suspended by the Ministry of Economy and the Ministry of Energy through a publication in the Federal Official Gazette. This Legal Update details the content of such publication.  

On February 23, 2021, the House of Representatives discussed and approved the draft of the Amendment of the Electricity Industry Law proposed by Mexico President López Obrador with a total of 304 votes. One of the most relevant features of the Amendment is the modification of the dispatch order, disregarding economic efficiency mechanics, which will...

The electricity industry in Mexico is under stress. The President of Mexico has proposed amendments to the Electricity Industry Law that could result in the undoing of the energy reform that permitted private investment in the power market. In parallel, the Mexican Supreme Court issued a decision rejecting a number of provisions of the Ministry...

On January 18, 2021, the Energy Regulatory Commission (Comisión Reguladora de Energía, “CRE”) published in the Official Gazette of the Federation (Diario Oficial de la Federación, “DOF”) a resolution suspending again all deadlines and terms of actions and procedures before the CRE. In a manner similar to the last suspension resolution, the suspension will be effective...

On December 26, 2020, the Ministry of Economy (“SE”) published in the Federal Official Gazette (“DOF”) the “Resolution that Establishes the Goods Whose Import and Export are Subject to Regulations Issued by the Ministry of Energy” (the “Resolution”) superseding the permitting regulation for import and export of hydrocarbons and petroleum products, originally published by the...

According with the current oil & gas regulatory framework, the Mexican Government must have a marketer that carries out the commercialization of hydrocarbons that correspond to it under the contracts for the exploration and extraction of hydrocarbons executed through the National Hydrocarbons Commission (CNH). For this purpose, CNH, at the request of the Mexican Petroleum...

The Policy of Reliability, Safety, Continuity, and Quality in the National Electricity System (the “Policy”) published on May 15, 2020 in the Federal Official Gazette (Diario Oficial de la Federación) was subject to several judicial proceedings due to its controversial content. The Policy, based on the current health emergency, slowed the dispatch of renewable electric...

Since March 2018 the Mexican Energy Regulatory Commission (Comisión Reguladora de Energía, “CRE“), by means of Acuerdo A/010/2018 appointed the Chief of the Electricity Department (Jefe de la Unidad de Electricidad) as the person responsible for the review and authorization of the requests filed by generation permit holders in connection with changes to the milestone...

Leer versión en castellano abajo During the last couple of months the Mexican power sector has been impacted by regulatory changes and bills of amendments that may disrupt the way power companies operate and plan their investments since the enactment of the energy reform. At present there is uncertainty with new investments given the change...

On August 12, US District Judge Amit P. Mehta of the DC federal court ordered the federal government to turn over documents concerning the Trump administration’s coronavirus travel ban. As reported in an August 12 article in Law360, the federal government had until August 17 to hand over any policies, directives or orders. Mayer Brown...

The Wall Street Journal reports that Aeromexico, Mexico’s flagship airline which filed for bankruptcy in the US earlier this year, has obtained commitments for up to a $1 billion in debtor-in-possession financing facility from Apollo Global Management Inc. The financing consists of two tranches, with one tranche holding a debt-to-equity conversion option. [WSJ; Aug. 14,...

This past Friday, Mayer Brown partner Ori Lev and co-counsel from the Southern Poverty Law Center argued before the Ninth Circuit in support of affirmance of a preliminary injunction that protects asylum seekers who had previously been “metered” – or told to wait in Mexico before they could even make a claim for asylum in...

Leer en español a continuación. In the wake of the COVID-19 pandemic, in-person meetings and human interactions in closed spaces have become prohibitive in the global environment. As it is customary in Mexico to hold a meeting with the parties in a conference room, the new reality impacts usual procedures for closing transactions. Electronic signatures...