Energy Law
20/2/2018
The autonomy of the environmental authority in light of Seaport case law
The Seaport case law redefines the autonomy of the environmental authority. What are the consequences for renewable energy projects in France?
LexisNexis, Energy – Environment – Infrastructure 2018, No. 2, February 2018
In this article, we review the principle of functional autonomy established by the CJEU's "Seaport" ruling of October 20, 2011, regarding plans and programs. We discuss the uncertainty surrounding its application to projects where the regional prefect acts as both the environmental authority and the decision-making authority, before analyzing—and critiquing—the approach taken by the Council of State in its decision of December 6, 2017, which favors applying the "Seaport" ruling to projects.