The public rapporteur will propose to the court to cancel four of the five arrested challenged in court by opponents, according to the meaning of its findings communicated to the parties on Friday. These orders, taken in December 2013, and related to the hydraulic installations and the destruction of protected species, allow the implementation of the airport platform and its service road.
The judges shall make their awards in a total of ten queries, should give their decision within fifteen days. If the recommendations of the rapporteurs public are generally followed by the judges of administrative courts, opponents of “don’t shout still win”, but will attend the hearing “with more serenity”, says Françoise Verchère, one of the applicants, a former elected (Front left) of Bouguenais, where is located the current airport in nantes.
if this is confirmed, and if the orders are cancelled, the conditions for an intervention or start of the work are not met
Thomas Dubreuil, one of the lawyers of the opponents.
This new stage of the marathon legal process started in the fifteen years by the opponents of this controversial project, coincides with the timetable set by Manuel Valls an evacuation progressive the site, and the launch of the work “in the fall”, he has confirmed on several occasions in recent weeks. The parties will still have the opportunity to enter the Council of State, but if the judges of administrative courts in nantes to override, even partially, the orders, this would deal a serious blow to the project.
The preparatory work has been suspended since the latest attempts of eviction of the occupants of the site, in the fall of 2012, delaying sine die the opening of the new infrastructure, some twenty kilometers north of Nantes, originally scheduled in 2017.
These recommendations of the public rapporteur, “the credibility of what is said for a long time :that the project seems to us to be fundamentally wrong on the environmental component”, ” says dr. Verchère. Opponents point to the insufficient measures taken by the concessionaire of the site, Airports of the Great West (AGO), a subsidiary of Vinci, to compensate for the destruction of the current ecosystem of the site, a wetland of 98%, and of the hundreds of protected species that are sheltered.
The project “does not give any visibility on the surface implementation for these compensatory measures, and provides no guarantee on the effectiveness of these measures”, puts before Me and Dubreuil. It also ensures that these compensatory measures are rejected by the farmers on the “8,000 to 10,000 hectares,” a total of “16,000 hectares planned”.
The exception to the destruction and transfer of protected species is provided for by the Code of the Environment, provided that the project is of overriding public interest, that there is no satisfying solution, and that it is not detrimental to the maintenance in a favourable conservation status of the species in its natural area.
The public rapporteur, who developed his argument during the hearing Monday afternoon, estimated that the prefectorial orders are inconsistent or do not comply with articles of the Environment Code, according to the parties. In the first instance, on July 17, 2015, the administrative court of Nantes had validated the method of environmental compensation provided for in the airport project, declared of public utility in 2008, whereas it did not affect the state of conservation of the species. The majority of the applicants – the main associations opposed to the project, of associations for the protection of the environment, farmers and individuals-with the exception of Europe Ecology-The Greens (EELV), had appealed these judgments.
in Addition to the four arrested so-called “water law” and “protected species”, the opponents are asking for the cancellation of a fifth prefectoral decree, which declared of public utility and development works and security of the existing channels around
of the future site, on the grounds that they had not been the subject of an impact study overall.