Adaptation of the contentious procedure for agricultural hydraulic works, classified installations for environmental protection in matters of livestock farming, and environmental authorizations

Decree No. 2024-423 of May 10, 2024: adaptation of the contentious procedure for agricultural hydraulic works, classified installations for the protection of the environment in matters of livestock farming and environmental authorizations

 

Decree No. 2024-423 of May 10, 2024 introduces significant changes to the contentious procedure applicable in environmental matters.

 

 

1. The creation of a new case of crystallization of means

Regarding challenges to decisions concerning agricultural hydraulic or livestock projects, Article 1 of the decree provides that after a period of 2 months from the communication to the parties of the first defense brief (Article R. 611-7-2 of the Code of Administrative Justice), new arguments may no longer be raised.

 

 

2. The introduction of a new obligation to notify appeals

Article 2 of the decree then extends the obligation to notify appeals, which already exists for litigation concerning planning permissions (Article R. 600-1 of the Urban Planning Code) and environmental authorizations (Article R. 181-51 of the Environmental Code), to litigation concerning hydraulic or livestock projects (disputes governed by Articles R. 811-1-3 or R. 811-1-4 of the Code of Administrative Justice).

The applicant must, on pain of inadmissibility, notify his appeal to the author and to the beneficiary of the contested decision, by registered letter with acknowledgment of receipt within 15 days of filing the contentious appeal or the prior administrative appeal.

 

 

3. The definition of a maximum judgment period set at 10 months

Article 2 of the decree provides for a maximum judgment period of 10 months for the administrative judge hearing a dispute relating to an agricultural hydraulic or livestock project (Article R. 77-15-2 of the Code of Administrative Justice)

However, no penalty is provided for exceeding this deadline.

 

 

4. Clarification of jurisdictional competences

Article 3 of the decree assigns jurisdiction in first and last resort to the Administrative Court of Paris to rule on appeals against decisions authorizing or refusing agricultural hydraulic works (Article R. 811-1-3, I of the Code of Administrative Justice) and eliminates the double degree of jurisdiction of the Administrative Courts of Appeal in this matter in order to reduce judgment times.

This article concerns projects subject to authorization or declaration under the following headings of the IOTA nomenclature:

• 1.2.0 – Water withdrawals from an underground aquifer;
• 2.1.0 – Water withdrawals from a watercourse;
• 2.2.0 – Water abstraction from a watercourse subject to artificial replenishment;
• 3.1.0 – Water abstraction in a water distribution zone;
• 2.3.0 – Creation of water bodies, permanent or not;
• 2.5.0 – Retention dams and similar structures.

The same article also grants sole jurisdiction at first and last instance to all Administrative Courts to rule on appeals against decisions authorizing or refusing authorization for ICPE relating to livestock farming (Article R. 811-1-4, I of the Code of Administrative Justice), thereby eliminating the double degree of jurisdiction of the Administrative Courts of Appeal.

It targets projects requiring a livestock installation that fall under the following headings of the ICPE nomenclature:

• Bovine animals (breeding, transit, sale, etc. activity);
• Breeding, sale, transit, etc. of pigs;
• Breeding, transit, sale, etc. of rabbits;
• Poultry, feathered game (breeding, sale, etc. activity), excluding specific activities covered by other headings;
• Hatcheries;
• Fish farms;
• Intensive farming.

 

 

 

5. Reduction of the time limit for filing litigation appeals

Article 4 of the decree finally reduces the time limits for third-party appeals from 4 to 2 months in matters of litigation concerning IOTA and ICPE environmental authorizations (Articles R. 181-50 and R. 514-3-1 of the French Environmental Code).

The provisions of Decree No. 2024-423 of May 10, 2024 will apply to administrative decisions taken as of September 1, 2024.