Monday, November 25, the administrative court of Toulouse (Haute-Garonne) examines the appeal for cancellation of the environmental authorization of the A69, five days after the request for cancellation of this authorization by the Public Rapporteur. The judges will notably address various non-compliances noted by certain organizations. Explanations.
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Will the A69 motorway work continue? The question should be decided on Monday November 25 at the administrative court of Toulouse (Haute-Garonne), which examines in hearing the appeal for annulment of the environmental authorization of the A69. After years marked by mobilization, this decision is eagerly awaited by the activists and stakeholders of this project.
Wednesday November 20, 2024, the Public Rapporteur has issued his report requesting the cancellation of the environmental authorization of the A69 for “absence of compelling reason of major public interest“. This announcement sparked a lot of reactions from residents of the municipalities affected by the route, municipal elected officials, and even the president of the Occitanie region Carole Delga.
Concretely, the administrative court will therefore judge a certain number of points of theorder relating to the environmental authorization of March 1, 2023. According to data listed by France Nature Environnement (FNE), “21 reports of administrative misconduct“were established by state services,”following non-conformities noted on site by the OFB, DREAL and DDT“.
Among these non-conformities, “attacks on protected species“, et “to aquatic environments” such as non-compliance with compensatory measures in flood-prone areas. According to FNE, these facts “were the subject of a referral” before the investigating judge and the Toulouse public prosecutor's office.
The investigating judge was seized for “a illegal cutting of trees in an area with high ecological issues outside authorized periods“, in February and March 2024.
As for the Toulouse public prosecutor's office, it was seized for environmental damage, “10 infractions” according to FNE. Among them, “attacks on the conservation of non-domestic animal species“, “an operation harmful to water or the aquatic environment without holding the declaration receipt“, or even “work harmful to water or the aquatic environment“.
Still according to FNE, these offenses were noted in several municipalities in Tarn and Haute-Garonne affected by the route of the motorway. This takes place in different periods between March 11, 2023 and May 6, 2024.
As a reminder, the Administrative Court is not required to follow the conclusions of the Public Rapporteur. “It is up to the judges who rule on the case alone to decide whether they follow the proposal of the Public Rapporteur or whether they adopt a judgment completely or partially different from this proposal.” specifies the Council of State on its website.
Read: “Investing without legal certainty in a project like the A69 motorway is a huge risk” according to public law researcher, Dorian Guinard
If it goes in the direction of the Public Rapporteur, this “could put a stop to the A69 construction site” according to the opponents. At the end of the hearing, the matter will be reserved. The decision will be rendered within 15 days.
