• The administrative court of Strasbourg on Friday cancelled the environmental authorization granted by the prefecture of Bas-Rhin for the construction of a road.
  • It points to non-compliance with "several major conditions" set by the environmental code.
  • "It is grotesque to judge four years after the appeal," responded for his part the mayor of Châtenois, Luc Adoneth. "The construction site is terminal, they are almost at the laying of the tarmac."

Excavators and other construction equipment are now at a standstill. The administrative court of Strasbourg on Friday canceled the environmental authorization granted by the prefecture of Bas-Rhin for the construction of a road, pointing to the non-compliance with "several major conditions" set by the environmental code.

The prefecture had authorized, in 2019, the construction of a five-kilometer portion to bypass the town of Châtenois. The European Community of Alsace (CeA) was the project manager of the site. The building permit had been challenged in court by the Alsace Nature association.

Absence of "overriding public interest" reason



In their judgment, the magistrates noted "several defects" in the authorization granted. They point out that seven hectares of wetlands are being destroyed by the project, and that the prefecture and the ECA "have not justified sufficient compensation." They also point to the absence of a reason of "major public interest" that would justify harming the "29 protected species" (mammals, birds, reptiles...) present in the project area.

For the prefecture, this major public interest was established by the "accident-prone character" 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 is "not demonstrated" that improvements on the current road "would not be sufficient". It also points out that the project "is causing additional pollution by ten substances". Faced with these breaches, 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," says 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 overriding public interest. " "There is also surely a problem with ecological compensation, which is regularly underestimated. But this is a fundamental issue, on which the judge is increasingly watching, "continues Mr. Delzangles.

"It is grotesque to judge four years after the appeal," responded for his part the mayor of Châtenois, Luc Adoneth. "The construction site is terminal, they are almost at the laying of the tarmac," he observed. "It is a waste of public money, the stoppage of the site will cost several million euros to the CeA". The CeA and the prefecture can appeal. When asked, they did not respond.

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