Excavators and other construction machinery are now at a standstill. The Strasbourg administrative court on Friday canceled the environmental authorization granted by the Bas-Rhin prefecture for the construction of a road, pointing to non-compliance with “several major conditions” laid down by the environmental code.
The prefecture had authorized, in 2019, the construction of a portion of five kilometers to bypass the town of Châtenois. The European Community of Alsace (CeA) provided project management for the site. The building permit had been challenged in court by the Alsace Nature association.
Absence of “overriding public interest” reasons
In their judgment, the magistrates noted “several defects” in the authorization granted. They point out that seven hectares of wetlands have been destroyed by the project, and that the prefecture and the CEA “have not justified sufficient compensation. They also point to the absence of a reason of “major public interest” which would justify undermining the “29 protected species” (mammals, birds, reptiles, etc.) present in the project area.
For the prefecture, this major public interest was established by the “accident-prone nature” of the current road, and the “air pollution” it generates. The court “does not dispute the need to improve safety on this axis”, but notes that it has “not been demonstrated” that improvements on the current road “would not be sufficient”. He also points out that the project “is the source of additional pollution by ten substances”. Faced with these shortcomings, the court ruled out the possibility of subsequent regularization and declared “the illegality of the entire authorization”.
“Ubuesque”
“This is not a frequent decision for a road project, because the judge has a lot of power to regularize an illegal procedure”, analyzes Hubert Delzangles, professor of public law and expert in environmental law. “Here, he considers that it is not possible to regularize, in the absence of imperative reason of major public interest. “There is also surely a problem with ecological compensation, which is regularly underestimated. However, this is a question that has become fundamental, on which the judge is increasingly looking, ”continues Mr. Delzangles.
“It’s absurd to judge four years after the appeal”, reacted for his part the mayor of Châtenois, Luc Adoneth. “The site is in its final phase, they are almost at the laying of the macadam,” he observed. “It’s a waste of public money, stopping the work will cost the CeA several million euros”. The CeA and the prefecture can appeal. Asked, they did not respond.