Health & environment

The French Constitutional Council received an application from the Conseil d’État (French Administrative Supreme Court) for a preliminary ruling on the issue of constitutionality relating to the conformity of Article L. 542-10-1 of the French Environmental Code, in its version resulting from Law No. 2016-1015 of July 25, 2016, specifying the terms and conditions for the creation of a reversible deep geological repository for long-lived high- and intermediate-level radioactive waste (the Cigéo project) with the rights and freedoms guaranteed by the French Constitution.

In a decision handed down on October 27, 2023, the French Constitutional Council, while recognizing that the legislator must ensure that choices intended to meet current needs do not compromise the ability of future generations and other peoples to meet their own needs, by preserving their freedom of choice in this respect, concluded that the Cigéo project does not infringe the rights of future generations.

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.

After ordering the French State in 2017 to comply with air quality standards, and in 2021 to pay a penalty payment of €10 million for the period from January 11 to July 11, 2021, the Conseil d’Etat (French Administrative Supreme Court) ordered it to pay two new penalty payments of €10 million each for the two periods from July 2021 to January 2022 and from January 2022 to July 2022 for the persistent breach of the authorized nitrogen dioxide concentration limit.

In a decision issued on February 25, 2022, the Conseil d’Etat (French Administrative Supreme Court) validated the derogation allowing the use of sugar beet seeds treated with neonicotinoids.

It dismissed the application filed by four associations (Agir pour l’environnement, the Confédération paysanne, the Fédération nature et progrès and the Fédération française des apiculteurs professionnels) for an interim judgment to suspend a Ministerial Order dated January 31, 2022 that provided for this derogation.

The 2021 Glasgow Climate Change Conference or COP26, organized by the United Nations, took place from November 1 to 13, 2021 in Glasgow (United Kingdom) as it had to be postponed for one year due to the COVID-19 health crisis.

The COP26 resulted, on November 13, in the adoption of the “Glasgow Climate Pact”, which notably allows to finalize the rules of application of the Paris Agreement but falls short of the ambitions that had been initially set.

For the first time, on October 14, 2021, the Paris Administrative Court ordered the French State to repair the consequences of its failure to combat climate change.

The Court ordered that the overrun of the greenhouse gas emissions cap set by the first carbon budget (2015-2018) be compensated by December 31, 2022 at the latest.