Paris, March 9, 2024 – In a landmark decision, the French Council of State
has ruled that authorizations for onshore wind turbines and rules for the
renewal of wind farms are illegal. The decision comes after a legal
challenge brought by the Fédération Environnement Durable and 15 associations.
Scope of the cancellation:
The Council of State annulled all provisions concerning the three
successive versions of the noise measurement protocol that was supposed to
protect the health of local residents. The decision affects not only
current authorizations and projects but could also call into question
existing wind farms.
Consequences:
* Projects under review or authorized but not yet built: These projects
must imperatively undergo a complete environmental assessment.
* Existing wind farms: All wind farms built on the basis of the
now-illegal ministerial decrees should no longer be authorized to operate
in their current state.
Reasons for the cancellation:
* Lack of environmental assessment: The Council of State found that the
ministerial decrees on noise measurement did not undergo an environmental
assessment, which is a violation of the law.
* Lack of public participation: The Council of State also highlighted
that the decisions approving the noise protocol were not subject to public
participation, violating the principles of participation and transparency.
Reactions:
* Environmental associations: Environmental associations welcome the
decision of the Council of State, calling it a major victory for
environmental protection, the health of local residents, and respect for
the law. They point to the systematic disregard of these laws by the public
authorities, whose sole objective was to impose the installation of wind
turbines that are increasingly rejected by the population, especially in
rural areas.
* State: The State has been ordered to pay compensation to the
plaintiff associations.
Impact on the French energy future:
The decision of the Council of State will have a crucial impact on the
future of French energy. The development of onshore wind energy is now
being slowed down, pending the implementation of new authorizations and
rules that comply with the law. This decision also raises questions about
the viability of ongoing projects and the future of existing wind farms.
1°)
d’Etat n°465036 du 8 mars 2024
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