Debate is intensifying over proposed changes that could exempt industrial projects from mandatory public consultations in France. The Council of State has criticized this move, warning it may undermine public engagement in environmental decisions. While the government argues that eliminating mandatory debates will streamline processes for businesses, critics, including CNDP employees, contend that public discussions are essential for transparency and project viability. Environmental groups express concern that such changes threaten community protections and weaken environmental legislation.
Are we witnessing the rise of a lithium mine or a battery factory? Perhaps an ICPE site, similar to the infamous Lubrizol facility that was engulfed in flames in Rouen back in 2019? Traditionally, industrial projects that could significantly affect the living conditions of the French population—economically, environmentally, and health-wise—were subjected to public debate through the National Commission for Public Debate (CNDP), established in 1995. This initiative was grounded in the public’s right to access environmental information and participate in decisions that impact the environment.
However, this essential step may soon become optional. In late 2024, former Prime Minister Michel Barnier had proposed a decree to make such debates non-mandatory just before his departure from Matignon.
Last week, the Council of State issued an unfavorable opinion on this decree, as reported by Contexte. The administrative judge expressed concerns that this change would undermine the public’s right to engage in decisions that influence the environment. The Council suggested the government consider alternative options, such as adjusting referral thresholds or pursuing broader legislative reforms, according to AFP.
Shifting Public Debate Requirements for Industrial Projects
The government has opted to amend the law regarding public debates. An aide to Prime Minister François Bayrou confirmed to TF1info that the administration intends to propose an amendment to a bill aimed at simplifying business operations, which is currently under review by a special committee at the National Assembly. Our proposal seeks to exclude industrial projects from the CNDP’s purview, the source elaborated. However, large infrastructure projects will still require public consultation and CNDP involvement.
The government argues that eliminating the mandatory public debate for industrial projects will save time for business owners, particularly those working on decarbonization initiatives. They maintain that industrialists can still opt to consult the CNDP and organize public debates voluntarily, emphasizing that this change does not exempt them from necessary environmental studies and authorizations for their projects.
This stage of the public debate will compel the industrialist to provide a whole series of very comprehensive information.
This stage of the public debate will compel the industrialist to provide a whole series of very comprehensive information.
Florent Guignard, CNDP employee on strike.
However, the CNDP’s response indicates that this change could severely limit the public’s ability to engage in discussions about significant projects. For the first time in its history, CNDP employees are set to strike on Tuesday.
‘The essential aspect of the CNDP’s role is its mandatory nature‘, insists Florent Guignard, a striking employee. When financial thresholds are exceeded, project leaders must organize a public debate. This process ensures that industrialists are required to present extensive information about the project, including its scale, location, economic impacts, potential effects on water and biodiversity, and transportation consequences. Without this mandatory step, accessing crucial information would become increasingly difficult, lament CNDP staff.
Lessons from Past Public Debates
Furthermore, they reject the government’s claim that removing this step would expedite project timelines. They argue that public debates have never delayed projects and are vital for questioning a project’s viability before decisions are made. For instance, the public debate regarding the A69 took place from 2008 to 2009—seventeen years ago—before the project was ultimately rejected by the courts.
A Maximum of Four Months for Debate
The structure of the debate remains unchanged: after a preparatory phase where the industrialist provides necessary information, the debate can last up to four months. Following this, the CNDP has two months to publish a report, and the industrialist has three months to address concerns raised during the public debate.
Between 2021 and 2023, there were 30 consultations or public debates related to industrial projects, with durations ranging from nine to thirteen weeks.
Although designed to uphold the public’s right to information, these debates often enhance the social acceptance of large-scale projects. The CNDP’s powers were expanded by the Valls government in 2016 to prevent conflicts and blockages after the tragic death of Rémi Fraisse at the Sivens dam.
‘It is entirely reasonable for the lithium mine project in Allier to undergo a public debate‘, states Axèle Gibert from France Nature Environnement (FNE). This project could bolster France’s mobility sovereignty, but it also poses risks to water resources, and the public deserves to be informed. The organization also underscores the potential health impacts of industrial projects, given that chemical discharges can adversely affect surrounding communities.
For FNE, the proposed changes signal a severe risk to the protection of communities and mark a deterioration of environmental laws.