justice rejects the summary judgment of an elected environmentalist asking to enforce the measures in Auvergne-Rhône-Alpes

The Lyon administrative court found that the applicant demonstrated “no emergency” requiring rapid legal action.

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The administrative court of Lyon, February 3, 2023. (ANTOINE BOUREAU / HANS LUCAS / AFP)

He wanted to force the president of Auvergne-Rhône-Alpes, Laurent Wauquiez, to respect the legal measures provided for in the framework of “zero net artificialization” (ZAN) of soils. The referral to court from an environmentalist elected official in the region was rejected on Friday January 5 by the administrative court of Lyon.

Pierre-Henri Janot asked the judge for summary proceedings “to take precautionary measures to ensure that the President of the Auvergne-Rhône-Alpes Region ensures and assumes his role in respecting the requirements of the ‘ZAN’ law of July 20, 2023″. He wanted thus forcing it to set up a regional conference to govern the policy of reducing land artificialization, provided for by the texts.

A next formal notice

In his decision, the judge considered that Pierre-Henri Janot had not demonstrated “no emergency” which would justify legal action “in a brief delay”. The regional elected official assures that he “don’t disarm” and plans to send a formal notice to the president of the region. “It is abnormal that our region is the only one in France not to have started work on the issues of concrete and environmental preservation”he commented in a short message.

For its part, the region denounced in a press release a request “which rests on nothing”emphasizing that environmentalists had been “still rejected their fanciful appeals”.


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