France: cancellation of the operation of the Gardanne biomass plant

The highest administrative court recalls that an impact study must assess the direct and indirect effects of an industrial site on the environment, in a decision concerning the authorization to operate France's largest biomass power plant in Gardanne, which will set a precedent for future project developers.

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In a decision concerning theauthorization to operate the largest biomass power plant in France, in Gardanne (Bouches-du-Rhône), the Council of State reminds us that an industrial site must assess the direct and indirect effects of its installation on the environment.

The highest administrative court on Monday overturned a ruling by the Marseille administrative court of appeal dated December 2020 that had reinstated the authorization to operate the site, an authorization that was cancelled in the first instance on June 8, 2017.

Concretely this decision will not change anything for the former coal-fired power plant in Gardanne in reconversion because GazelEnergie “still has a provisional operating permit dating from June 9, 2017”, obtained therefore the day after the cancellation by the administrative justice. In this statement on Wednesday, the industrialist, a subsidiary of the EPH group owned by Czech businessman Daniel Kretinsky, promises however to “complete the impact study in the coming months in order to meet the demands expressed by the Council of State.

However, “this decision will set a precedent” because it is the highest administrative court, so future “project owners of an industrial facility will have to attach an impact study on the direct and indirect effects,” said Arnaud Gossement, a lawyer specializing in environmental law, interviewed by AFP.

In its decision dated Monday, which AFP was able to consult, the highest administrative court considers that the impact study must analyze “the direct impact on the environment of the authorized work, but also those likely to be caused by its use and operation. “The main environmental impacts of the plant through its wood supply, and in particular the effects on local forestry, must necessarily be analyzed in the impact study,” adds the State Council.

For the applicant environmental protection associations, including France Nature Environnement, “this is the first time that the Council of State has confirmed that the indirect effects of a project on the environment must be analyzed in the impact study.

Some 300 million euros have been invested in this biomass power plant which, according to its operator, generates 450 direct and indirect jobs. With a capacity of 150 megawatts, it should eventually provide 6% of the electricity production of the Provence-Alpes-Côte d’Azur region, by consuming 850,000 tons of biomass, mostly wood. Biomass should contribute to the energy transition, but the plant is criticized by environmental associations for its gigantism.

Currently, the plant is shut down due to the conflict over pension reform, which impacts the operation of the port of Marseille-Fos. Over the last year, it had begun to run a little more normally, about 3,000 hours, out of the 6,000 initially planned, according to a spokeswoman for the manufacturer.

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