Protected species derogation: Review of the legal characterization of facts regarding "sufficiently characterized" risk
The Council of State sets a de minimis threshold for protected species derogations. An analysis of the impacts on renewable energy projects.
LexisNexis, Energy - Environment - Infrastructure, 2025, No. 1 · Dec. 23, 2024
Read our commentary on the Council of State's decision of November 6, 2024, in the case of "Association pour la défense du paysage et du patrimoine de la vallée de la Vingeanne" (No. 471372). In this ruling, the high court established, on appeal, a review of the legal characterization of facts regarding the concept of a "sufficiently characterized" risk, which serves as the trigger for the obligation to file a protected species derogation (DEP) application under the "Sud-Artois" opinion of December 9, 2022 (No. 463563). This decision also highlights the Council of State's strict stance on environmental matters, aimed at ensuring a "unified view" within the administrative courts, to the detriment of wind energy project developers.