RULING: FRANCE WILL REMAIN FRACKING FREE by Kevin Bonnaud, December 29, 2015, Natural Gas Europe
This past week, American firm Schuepbach lost its legal action against the French state to be allowed to frack for shale in Southern France.
The Texas-based oil company had sued the French state for years over the abrogation of two permits in Southern France–the licences of Nant and Villeneuve-de-Berg–which were granted before the country’s anti-fracking law passed in 2011. The permits were repealed soon after.
The administrative court of Cergy-Pontoise in the Paris area rejected the appeal of the American company on December 22, two weeks after the court heard the case.
This decision has not come as a surprise to most: The public prosecutor called for a rejection of the appeal during the hearing on December, 8.
The decision comes as a relief for environmental activists as well as public officials on the left who strongly oppose hydraulic fracturing. José Bové, a green activist and member of the European Parliament who led the fight was among those who welcomed the news on Twitter. “It’s a win! Schuepbach dismissed by the administrative court of Cergy. Permits abrogation are upheld in Southern France.”
Meanwhile, a claim from the oil company regarding damages of €117 million as partial compensation has not been heard yet. A date has still to be set.
As for Total’s appeal regarding the Montélimar permit in the South East, the administrative court of Cergy-Pontoise will consider the case on January 8th. [Emphasis added]
FRANCE: PUBLIC PROSECUTOR DEFENDS REPEAL OF SHALE GAS PERMITS by Kevin Bonnaud, December 14, 2015, Natural Gas Europe
On the 8th of December, as negotiators from around the world were working around the clock to reach agreement on a climate deal in Le Bourget, just 20 miles west from there, the administrative court of Cergy-Pontoise was hearing the arguments of Schuepbach over the abrogation of two permits in the wake of the anti-fracking law passed in 2011.
The US company is claiming damages of €117 million as partial compensation for the licences of Nant and Villeneuve-de-Berg in Southern France.
The long anticipated decision, which could revive the shale gas debate in France or bury it at least until the next presidential elections in 2017, will come later this month. The court reserved judgement to late December but the public prosecutors words give some clues with regards to the outcome of the case. The appeal is likely to be rejected.
According to the judge, the French State, which banned the hydraulic fracturing technique, had no other choice than to repeal the existing permits if the energy company (Schuepbach) refuses to give them up. The public prosecutor also pointed out the impact of fracking on the environment.
“The action for compensation will not fly if we look at the judge conclusions and I welcome it” reacted José Bové, a prominent figure of the green movement and member of the European Parliament.
As for Total’s appeal regarding the Montélimar permit in the South East of France, the administrative court of Cergy-Pontoise will consider the case early next year on January 8th. [Emphasis added]
[Refer also to:
2014 03 04: French energy CEO of energy giant Total says ‘God willing’ France will frack
“By any responsible account,” Chief Justice Castille wrote, “the exploitation of the Marcellus Shale Formation will produce a detrimental effect on the environment, on the people, their children, and the future generations, and potentially on the public purse, perhaps rivaling the environmental effects of coal extraction.”
2013 09 24: French Court to Decide Whether Fracking Ban Is Constitutional
2013 07 14: French president vows no fracking while he is president
2013 07 14: French Fracking Ban Should Be Eased to Assess Shale Reserves
….Energy Minister Delphine Batho rejected any move to relax the ban, citing “considerable” environmental damage in the U.S. caused by the method. Earthquakes, aquifer pollution, heavy metal contamination, increased truck traffic and damage to the countryside are consequences of fracking, the minister said in a radio debate. “The U.S. has invented environmental dumping,” Batho said. “Gas prices in the U.S. don’t take into account the cost of environmental damage that future generations will have to pay.” [Emphasis added]
2013 05 25: Scientists warn that Earth faces severe water shortages within a generation
2012 08 29: France to Keep Shale Ban Until Fracking Alternative Emerges
2011 07 01: France Vote Outlaws ‘Fracking’ Shale for Natural Gas, Oil Extraction
2011 06 30: France Becomes First Country to Ban Extraction of Natural Gas by Fracking