1. This matter to the sub as ecological concerns are an important part of left-NIMBYsm and France is deregulating land use for data centers , infrastructure projects and shortening public consultations, both of which are strong point for the left (stealing water and activist democracy). More controversial is the removal of low emission zones (that I think are left to the mayors to decide) in the law
2. We should discuss the law and the global economical context in France and what could the court remove from the law
3. I think it’s suprising a law like that managed to pass in the current polarized political climate
!ping FRANCE (can someone ping YIMBY?)
WAGRAMWAGRAM on
The Economic Simplification Act, which was finally passed this week, was referred to the Constitutional Council on Monday 20 April by Socialist and Green MPs protesting against the abolition of low-emission zones (LEZs) and other measures they consider harmful to the environment.
Initially, the law mainly aimed to cut back on certain regulations for businesses and abolish advisory bodies. However, more divisive measures were adopted on Wednesday in Parliament, including the abolition of LEZs targeting polluting vehicles.
This measure has insufficient connection to the original text and must be struck down as a legislative rider, argue the 106 petitioners – 68 Socialists and 38 Greens – in their submission reviewed by Agence France-Presse. They also consider that the measure would contravene the Environmental Charter and the constitutional imperative to protect public health.
They argue that the abolition of LEZs would automatically lead to greater exposure to fine particulate matter and nitrogen dioxide, representing a “significant setback” in the fight against “one of the main environmental determinants of morbidity and mortality in France”. These MPs also argue that this abolition “is not accompanied by any restrictions, either in scope or duration”.
Support for data centres
Another environmental policy from Emmanuel Macron’s first five-year term affected by the bill is the ‘zero net land take’ (ZAN) policy, a measure designed to combat land sealing. The adopted law includes an exemption at the discretion of local authorities, allowing them to exceed their quota for developable land by up to 20% of their total allocation.
Read also | Article reserved for our subscribers The ‘zero net land take’ target, designed to combat land sealing, has once again been relaxed by the National Assembly
Other exceptions are provided for, subject to conditions, for industrial projects of ‘major national interest’, notably to build more data centres. But it “provides no mechanism” for “preventing environmental damage”, the applicants argue.
Regarding data centres, the text also provides for easier access to a ‘compelling reason of major public interest’, a designation that forms part of the conditions for derogating from species protection. This is without “sufficient reconciliation between the objective of environmental protection and the establishment of data centres”, according to MPs.
Also in their sights: measures allowing for the postponement of certain compensations for damage to biodiversity, or simplifying procedures under the Mining Code.
The law also aims to limit the duration of legal disputes over environmental permits for projects similar to the controversial A69 motorway in the Tarn, with the aim of ensuring their legal certainty. However, the applicants criticise this as a “disproportionate infringement of the right to judicial review”.
2 Comments
1. This matter to the sub as ecological concerns are an important part of left-NIMBYsm and France is deregulating land use for data centers , infrastructure projects and shortening public consultations, both of which are strong point for the left (stealing water and activist democracy). More controversial is the removal of low emission zones (that I think are left to the mayors to decide) in the law
2. We should discuss the law and the global economical context in France and what could the court remove from the law
3. I think it’s suprising a law like that managed to pass in the current polarized political climate
!ping FRANCE (can someone ping YIMBY?)
The Economic Simplification Act, which was finally passed this week, was referred to the Constitutional Council on Monday 20 April by Socialist and Green MPs protesting against the abolition of low-emission zones (LEZs) and other measures they consider harmful to the environment.
Initially, the law mainly aimed to cut back on certain regulations for businesses and abolish advisory bodies. However, more divisive measures were adopted on Wednesday in Parliament, including the abolition of LEZs targeting polluting vehicles.
This measure has insufficient connection to the original text and must be struck down as a legislative rider, argue the 106 petitioners – 68 Socialists and 38 Greens – in their submission reviewed by Agence France-Presse. They also consider that the measure would contravene the Environmental Charter and the constitutional imperative to protect public health.
They argue that the abolition of LEZs would automatically lead to greater exposure to fine particulate matter and nitrogen dioxide, representing a “significant setback” in the fight against “one of the main environmental determinants of morbidity and mortality in France”. These MPs also argue that this abolition “is not accompanied by any restrictions, either in scope or duration”.
Support for data centres
Another environmental policy from Emmanuel Macron’s first five-year term affected by the bill is the ‘zero net land take’ (ZAN) policy, a measure designed to combat land sealing. The adopted law includes an exemption at the discretion of local authorities, allowing them to exceed their quota for developable land by up to 20% of their total allocation.
Read also | Article reserved for our subscribers The ‘zero net land take’ target, designed to combat land sealing, has once again been relaxed by the National Assembly
Other exceptions are provided for, subject to conditions, for industrial projects of ‘major national interest’, notably to build more data centres. But it “provides no mechanism” for “preventing environmental damage”, the applicants argue.
Regarding data centres, the text also provides for easier access to a ‘compelling reason of major public interest’, a designation that forms part of the conditions for derogating from species protection. This is without “sufficient reconciliation between the objective of environmental protection and the establishment of data centres”, according to MPs.
Also in their sights: measures allowing for the postponement of certain compensations for damage to biodiversity, or simplifying procedures under the Mining Code.
The law also aims to limit the duration of legal disputes over environmental permits for projects similar to the controversial A69 motorway in the Tarn, with the aim of ensuring their legal certainty. However, the applicants criticise this as a “disproportionate infringement of the right to judicial review”.