judgment

Society for the Protection of Landscapes and Aesthetics of France et al. v. The Mills of Lohan - judgment

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Litigation

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On March 5, 2019, the Administrative Court of Appeal (ACA) of Nantes in France ruled that greenhouse gas reduction achieved by the development of renewable energy constitutes an imperative public interest justifying an exemption from the prohibition on harming protected species.

The case arose out of a 17-turbine wind farm proposed for the prefect of Morbihan. The wind farm was expected to damage part of the forest cover and several protected species. The developer sought an exemption from the prohibition against harming natural habitats and protected animal and plant species under the French Environmental Code. Such an exemption may be granted “in the interest of public health and safety or for other imperative reasons of overriding public interest, including of a social or economic nature." However, case law consistently holds that, even where such a public interest exists, a waiver can only be granted if there is no satisfactory alternative solution and it does not prejudice the maintenance of the affected species.

The prefect of Morbihan granted the waiver. Two local associations -- Society for the Protection of Landscapes and Aesthetics of France and Society for the Study and Protection of Nature in Brittany -- along with several local residents brought an action for annulment of this decree. The lower court granted their requests and annulled the order; the ACA then overturned the judgment after the developer appealed. 

The ACA reasoned that the wind farm increases the production of renewable energy, making it easier to meet the objectives of reducing greenhouse gas emissions and combating climate change provided by legislation, by regional planning instruments, by European-level position papers, and by international agreements. The ACA also noted the region’s high energy dependency. Thus, taking into account this local context and the need to meet the objectives of developing renewable energy, the court ruled that the project must be considered as meeting an imperative reason of major public interest likely to justify the harm to protected species. The court also analyzed the measures to avoid, reduce, compensate for and monitor the project's impacts on the protected areas, and concluded that their implementation would allow the maintenance of the species concerned in a favorable conservation status.


Society for the Protection of Landscapes and Aesthetics of France et al. v. The Mills of Lohan

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that relate to the production of goods and services from forests.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Society for the Protection of Landscapes and Aesthetics of France et al. v. The Mills of Lohan - judgment

Target

Policy instrument

Risk

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance