In two judgments handed down on June 16, 2023, the Paris Administrative Court recognized for the first time the existence of a causal link between the bronchiolitis and ear infections affecting two children and the French State’s failure to take action in terms of air pollution.
These two judgments have been issued in a context marked by increased sanctions against the French State in environmental matters.
On July 1, 2021, in a case brought by the municipality of Grande-Synthe and several environmental organizations, the Conseil d’État (French Administrative Supreme Court) had ordered the French Government to take all necessary measures before March 31, 2022 to meet the objective of reducing greenhouse gas emissions by 40% by 2030, compared to 1990 levels, in order inter alia to comply with the Paris Agreement and the European commitments taken on by the French legislature
Almost two years later, the Conseil d’État found that its decision had not been enforced. In a ruling dated May 10, 2023, it ordered the French Government to take new measures by June 30, 2024, and to submit a progress report by December 31, 2023 detailing these new measures and their effectiveness.
In a ruling issued handed down on March 27, 2023, the Conseil d’Etat (French Administrative Supreme Court) upheld the cancellation of the operating license for the Gardanne biomass plant located in the municipalities of Meyreuil and Gardanne, in the Bouches-du-Rhône region, which had been ordered by the Marseille Administrative Court on June 8, 2017.
The Conseil d’Etat based its decision on the fact that the impact study had failed to analyze the environmental effects of the plant’s wood supply process.
In a ruling issued on March 1, 2023, the Conseil d’Etat (French Administrative Supreme Court) clarified the conditions under which the administrative judge exercises his/her power to stay proceedings for the purpose of correcting the defects of an environmental authorization.
In two judgments handed down on February 28, 2023, the summary judge of the Paris Judicial Court declared inadmissible the claims of several environmental protection associations seeking that TotalEnergies be ordered to comply with its duty of vigilance obligations under the Law No. 2017-399 of March 27, 2017.
On February 1, 2023, the European Commission presented its Green Deal Industrial Plan to enhance the competitiveness of Europe’s net-zero industry and support the fast transition to climate neutrality.
The overall objective is to stimulate the development of clean technologies in the European Union and to ensure Europe’s strategic autonomy by reducing its dependence on third countries.
Strategic Lawyering