Onshore or offshore wind energy lawyer

Do you want to develop an onshore or offshore wind farm, but don't know where to start to comply with current energy and urban planning regulations? Are you facing questions regarding permits, appeals, or potential opposition to your project? Our firm of lawyers specialized in wind energy law intervenes to support you at every stage of your project.

Wind energy, as a key player in the energy transition, is governed by evolving environmental rules. Whether you are a developer, investor or environmental advocate, it is essential to benefit from appropriate legal support. Our expert lawyers in wind energy law help you define an effective strategy, avoid litigation and ensure the success of your projects at every stage, from design to completion.

What are the missions of our lawyers regarding appeals against a wind turbine project or site?

Nos avocats spécialisés dans le droit éolien vous accompagnent avec rigueur et expertise dans toutes les étapes de contestation d’un projet d’implantation d’éoliennes terrestres ou d’un parc éolien déjà existant.

We intervene to contest the legality of:

• building permits;
• environmental authorizations;
• or classified installations for the protection of the environment (ICPE).

These appeals are mainly brought before the administrative courts to assess the conformity of decisions with the urban planning rules and the environmental standards in force.

Furthermore, when wind turbines cause significant harm to residents or the environment, our lawyers also represent you before the judicial courts. In such cases, we act to obtain financial compensation to repair the damages suffered, whether patrimonial, moral, or environmental.

We also initiate the necessary procedures for the demolition of irregularly installed wind turbines. Our firm of specialist lawyers operates throughout the national territory. Whether you are a private individual, local authority or association, we provide personalized legal solutions adapted to your needs and your specific situation.

Each case is thoroughly studied to determine the best strategies to protect your rights. We take pride in defending your interests with dedication and competence. Thanks to our expertise in environmental and renewable energy law, we ensure the preservation of your rights and financial interests in a constantly evolving sector.

Expert lawyer in wind energy law to challenge a building permit for a wind farm site

Challenging a building permit is often a preferred strategy for questioning a wind farm project. The administrative judge may order the cancellation of a building permit for a wind farm, but only the judicial judge is empowered to order the demolition of the installations. Thus, challenging an already established wind farm requires a dual procedure: one before the administrative court, the other before the judicial court.

Regarding the annulment of a building permit for a wind farm, the administrative courts of appeal are solely competent to handle these disputes at first and last instance. Regarding applicable deadlines, any interested party has a period of 2 months from the date of posting of the building permit to initiate a contentious appeal.

In case of failure to post notice, the appeal can be filed throughout the duration of the works. Our lawyers specialized in wind energy law have the necessary skills to challenge the decision granting a building permit for onshore wind turbines and to defend your interests effectively.

Lawyer specialized in wind energy law to challenge a wind farm for non-compliance with urban planning rules

The development of wind farms is governed by strict regulations, particularly in terms of urban planning. Certain wind turbines, due to their classification as installations classified for environmental protection (ICPE), may fall under the single environmental authorization procedure.
This procedure, specific to onshore wind turbines, exempts project developers from obtaining a building permit.

However, this exemption does not relieve the project from complying with applicable urban planning rules:

• the national urban planning regulations (RNU);
• the local urban plan (PLU);
• the municipal map applicable to the concerned area.

In the event that a wind farm does not comply with these rules, it is possible to challenge the legitimacy of the project or its authorizations. The appeal must then be directed not against a non-existent building permit, but directly against the environmental authorization that governs the project. This authorization brings together all the elements necessary for the evaluation and approval of a wind farm project, including impact studies and compliance with urban planning rules.

The appeal procedure requires a precise analysis of the urban planning documents applicable to the municipality of establishment. PLUs or municipal maps may contain rules concerning:

• the maximum heights of constructions applicable to wind turbine masts;
• areas prohibited from any construction for landscape or environmental reasons:
• specific requirements related to agricultural or natural areas.

A contentious appeal must be filed within a two-month period following the publication or posting of the environmental permit. If these rules are not respected by the wind farm project, the administrative courts may be seized to obtain the annulment of the permit and, in some cases, to prevent the project from being carried out.

Our firm of lawyers specialized in wind energy law and urban planning law plays an essential role in analyzing irregularities and preparing appeals. Our intervention guarantees a strategic and technical approach to defend your interests against a contentious wind energy project or an existing park in violation of urban planning regulations.

Expert lawyer in wind energy law to contest a single environmental authorization or an ICPE authorization

Classified installations for environmental protection (ICPE), including wind farms, may be subject to different legal regimes. When a wind farm site is subject to the single environmental authorization, it must comply with a dedicated procedure that governs all administrative steps. Conversely, if the project is governed by a declaration or registration process, it then falls under the specific regime of ICPE authorization.

Governed by Article L514-6 of the Environmental Code, ICPE litigation is full jurisdiction litigation. This specificity imposes certain constraints on third parties wishing to challenge an authorization. Firstly, the appeal deadline has been reduced by the legislator. Affected third parties have four months from the first day of publication or posting of the decision to initiate proceedings.

Secondly, only the administrative courts of appeal have jurisdiction to rule at first and last instance on disputes concerning:

• the ICPE authorization;
• the single environmental authorization;
• the operating authorization under the Energy Code;
• public domain occupancy permits;
• building permits.

It is also important to note that the legality of the various administrative authorizations required for a project, such as the building permit or the authorization to operate an electricity production facility, does not prejudge the legality of the ICPE authorization, and vice versa. Thus, each authorization may be subject to a separate review, opening the possibility of a separate appeal for each of them.

At Macfarlanes LLP, our team of attorneys specialized in wind energy law does everything to defend your interests. We support you in challenging a single environmental authorization or an ICPE authorization, ensuring we prepare a solid legal strategy tailored to your situation.

Lawyer specialized in wind energy law to request the demolition of a wind farm and obtain damages

In matters of wind turbine demolition, the administrative court is, in principle, competent to order their removal. The judicial judge can only intervene exceptionally and cannot substitute his assessment for that of the administrative authority. The latter exercises special police powers regarding dangers or inconveniences presented by wind turbines, with regard to the interests protected by Article L511-1 of the Environmental Code.

However, an exception exists in cases where a building permit, which authorized the construction of a wind turbine, has been annulled by an administrative court. In this scenario, the judicial court may be seized to order the demolition of the installation, provided it was built in violation of planning regulations (Cass. 1re civ., 14 févr. 2018, n° 17-14703).

Furthermore, the judicial courts have jurisdiction to rule on claims for compensation filed by third parties harmed by the proximity of wind turbines. They may also prescribe measures aimed at stopping the harm that the installation could cause in the future, subject to certain conditions.

Indeed, these measures must be compatible with the prescriptions issued by the administration within the framework of its special police powers (Cass. 1re civ., 8 Nov. 2017, No. 16-22213). As expert lawyers in wind energy law, we are committed to defending your interests in order to obtain the demolition of the disputed installations and compensation for the damages suffered.

We examine the legal and technical bases of your file to challenge the legitimacy of the installation of the wind turbine infrastructure, in case of failure to comply with planning rules or violation of environmental requirements. Furthermore, we take the necessary actions to stop future nuisances. Thanks to our knowledge of applicable environmental, planning, and energy regulations, we offer solutions tailored to your needs.