France’s Council of State decries industrial wind turbines, calling them illegal, requiring full environmental assessments
NA-PAW Press Release – March 17, 2024
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France’s Council of State decries industrial wind turbines, calling them illegal and absolutely requiring full environmental assessments: those installed, and those planned. It’s an annulment, with broad implications (download the ruling). The lobbying of Fédération Environnement Durable and 15 other agencies has given this impetus to a possible full halt to industrial wind failures in France. There is currently a “massacre” of the French countryside, according to anti wind activists.
“This is an historic decision. On Friday March 8, the Council of State recorded a turnaround in the situation that was particularly favorable to opponents of wind energy. In a joint press release, 16 anti-wind energy associations welcomed the decision of the highest French court of justice. The Council of State has canceled all the provisions concerning the three successive versions of the noise pollution measurement protocol intended to protect the health of local residents. The website invites us to read that wind turbines are “the great symbol of contempt for the countryside.”
Fabien Bougle, one of the leading opponents to the opposition of wind energy installations, explains that local residents now will have more legislative arsenal to make waves before the State. “The Council of State has annulled all the provisions concerning the three successive versions of the noise pollution measurement protocol supposed to protect the health of local residents,” reads the media release from the Fédération Environnement Durable (FED).
From the media release:
Consequences:
- Projects under investigation or authorized not yet built: It is imperative that these projects redo a full environmental assessment.
- Existing wind farms: All wind farms built on the basis of the now illegal decrees should normally no longer be allowed to operate as they are.
Reasons for cancellation:
- Lack of environmental assessment: The Council of State noted that the ministerial noise measurement orders were not subject to an environmental assessment, which constitutes a violation of the law.
- Lack of public participation: The Council of State also pointed out that the decisions approving the acoustic protocol were not subject to public participation, thus violating the principles of participation and transparency.
Reactions:
- Environmental associations: Environmental groups welcome the Council of State’s decision, calling it a major victory for environmental protection, the health of local residents and respect for the law. They point the finger at the systematic non-compliance with these laws by the public authorities, whose sole objective was to impose the installation of wind turbines that are increasingly rejected by the population, especially rural ones.
- State: The State was ordered to pay compensation to the applicant associations.
What is the French Council of State?
In France, the Conseil d’État (Council of State) is a government body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system.
Evolution of the decision
The fight began years ago, with a brave contest from Fabien Ferreri, resident of Échauffour, a small Normandy village, who had been fighting installations near his home. In this short video which you can subtitle, he calls the wind company a “Predator.” The “noise” he calls insufferable, exasperating. His testimony is compelling.
“The situation at Échauffour set a precedent for wind farm operators. Before the decision of the Council of State, these operators had imposed their own protocol on the Ministry of Energy Transition to assess noise pollution. This is how the noise caused by the wind turbines in Échauffour was considered regulatory!”
This decision by the Council of State, puts the wind operators back on their heels, no longer able to act with lack of transparency. It is as all note: a colossal victory.
Please note also that blows to wind developers in Europe are accruing.
In Ireland, a High Court judge (Justice Emily Egan) ruled this past week that noise caused by wind turbines could be considered a legal nuisance. Hearing from residents who were suffering sleep deprivation, a noise that would not cease, and ensuing depression and suicidal thoughts, the judge declared that the “noise” is such “that an objectively reasonable person should not be expected to tolerate.” The case has been referred to the Attorney General. It is possible the injunction may come in the form of restrictions of operating hours, or a complete stop to operations.
Sherri Lange of NA-PAW (North American Platform Against Wind Power) states that evidence is mounting that butting heads with powerful lobbies for wind can be and IS successful. The sincerity of the applicants and the sheer perseverance is worthy of Distinguished Citizens Awards Nationally.
Too long has the wind industry called the tunes: obfuscating, creating sound measures that in reality are ridiculous, insincere, and ultimately causing harm of the highest degree. (Ignoring or hiding sound pressure impacts, ILFN [infrasound and low-frequency noise], and vibration.) The industry has counted on the relative ignorance (or collusion) of government agencies and played on the well-wishing public that wants to “save the planet,” while unknowingly (or allowing it in the name of our “kids”) killing nature with the largest assassination of wildlife, in recent history. We will never know the actual numbers, says Lange.
We cannot merely watch as people leave homes, disintegrate communities, and say farewell at times to entire species. Time has come to enact the denouement, and restitution. France is on the right side of history. Toutes nos félicitations.
For more information, please contact:
Sherri Lange
kodaisl@rogers.com
Founding Member Great Lakes Wind Truth
Founding Member Ontario Wind Action
Toronto Wind Action
Advisory Council Member All About Energy
VP Save the Eagles International Canada
Signing member of CLINTEL
Please also contact:
Eddie Puyjalon
eddie.puyjalon@orange.fr