After four months of an intense and lively public debate around the Échassières lithium mine project, in Allier, the final report will be presented this Monday in Moulins. The opportunity to take stock of the fifteen public meetings, which aimed to inform citizens and take their opinions on this strategic project carried by the Imerys group, world leader in mineral specialties for industry. But a decision, taken in the middle of summer, shook things up and accentuated tensions.
“It’s a strong transition. They brought out the tanks and the bulldozers,” don’t lose your tempers Jacques Morisot, member of the association’s collegial office Let’s preserve the Forêt des Colettes, which opposes the extraction and transformation of rare ore in Bourbonnais lands.
This resident of Saint-Bonnet de Rochefort refers to the decree signed by the government of Gabriel Attal and published on the same day of the second round of the legislative elections, July 7.
The text places the Échassières mine on the list of “Projects of Major National Interest”. This special status, created by the law relating to green industry, allows industrial projects deemed important for national sovereignty and the ecological transition to benefit from acceleration measures or administrative exemptions, with the aim of facilitating their implementation.
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For the State, which intends to get rid of its dependence on imports of the precious metal, particularly from China, this project called EMILI fits entirely into this category. It must, in fact, make it possible to extract 34,000 tonnes of lithium hydroxide per year for at least 25 years in order to manufacture the batteries for around 700,000 electric cars each year.
Lack of transparency and honesty pointed out
An aberration denounce, for their part, the associations Préservons la Forêt des Colettes and StopMines03 who filed, on September 5, an appeal before the Council ofState against this decree. It was also signed by around forty individuals, living in the affected or neighboring municipalities.
« HAS At no time in the public debate was reference made to this classification, even though Imerys had requested it in the spring. However, the group has not stopped saying that it is being transparent. It’s a lack of honesty and even a lie”underlines Jacques Morisot.
“Imerys only irritates associations like ours who are asking that the opportunity for this mine be really debated,” continues this resident.
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Imerys confirms The Tribune having asked to be part of this list of “projects of major national interest” and says “ hhonored by this decision which is a recognition of the strategic nature of the EMILI project for the ecological transition and national sovereignty ».
The company also wishes to clarify that this recognition commits it and does not call into question the interest and scope of the public debate.
Insufficiency of motivations
For the lawyers of associations and residents, “ given that this project will have an impact on the environment, we believe that this decree should have been the subject of a public consultation before being taken ».
« This contravenes, in our opinion, the Environmental Code and the Aarhus Convention, which sets out the main principles of public participation »explains Maître Benjamin Cottet-Emard, lawyer with Théodore Catry of associations and residents.
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These two councils also denounce the fact that the decree is only accompanied by a budgetary impact sheet, and not by an environmental assessment relating to protected species.
“The impact sheet does not specify what types of fauna or flora will be affected. There is nothing on water consumption, on the impacts on the landscape…”, continues the lawyer.
However, according to them, it is essential to rule on this character of “major national interest”.
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The appeal is, finally, the subject of a QPC, a “priority question of constitutionality”. “We contest the constitutionality of part of the green industry law which allows, with this qualification of major national interest, to obtain one of the three conditions necessary to benefit from an exemption from the ban on the destruction of protected species”, explains Master Benjamin Cottet-Emard.
Clearly, this decree can facilitate the EMILI project, even if it threatens protected species and notably in this territory of Échassières, the rosalies of the Alps, small bluish-gray insects.
Accelerated planning permissions
The other advantage of this qualification is that it allows the procedures for modifying local planning documents to be accelerated and centralized.
As indicated in the impact sheet associated with the decree, that The Tribune was able to consult: “common law procedures could take between 8 months and 24 months, thus delaying the marketing of the products in 2028 and the financial viability of the project ». However, qualification would allow an accelerated procedure to be opened by the State. Which outrages the associations, who are asking that these issues be debated during municipal councils.
For its part, Imerys estimates that the time saving will be marginal and points out that this does not change their regulatory obligations.
“Real questions are raised”
Although it is very difficult to prejudge the decision of the Council of State, it will be closely monitored, according to Maître Andréa Rigal-Casta, lawyer at the Paris bar, specialist in environmental law. Responses are not expected for 14 to 18 months. In the meantime, however, the appeal does not suspend the project.
« For me, the appeal is not doomed to failure, because there are real questions as to its regularity, particularly regarding public participation and information. ».
“The decision of the Council of State will be very interesting to follow. It will also have to decide on the merits of the imperative reason decreed here and therefore, the balance between the economic advantages and the disadvantages on the environment, and in particular wildlife. If the political aspect does not come into play, the economic and ecological aspects do,” analyzes Maître Andréa Rigal-Casta.
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And the impact sheet recalls that the EMILI project should generate nearly 1,510 jobs in Allier and the neighboring department of Puy-de-Dôme and that it has also been the subject of public funding. Aid of one million euros has, in fact, already been allocated by the France Relance Plan. Twenty-two million euros have also been committed to the project as part of France 2030.
More attacks to come
Ultimately, this appeal should only be the first in a long legal battle.
“This State decree is none other than the first legal act of existence of the lithium mine. We had to attack it,” notes Master Benjamin Cottet-Emard.
« We are aware that this appeal will not stop the project, even if we win at the Council of State. But this would force the State to make legal decisions», Adds Etienne Josse, member of StopMines03.
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Other appeals should not take long. Imerys indeed confirms The Tribune having submitted building permit applications for the pilots of Beauvoir (mine and concentration plant) and La Loue (conversion plant), as well as requests for environmental authorizations for the pilot gallery, the pilot concentration plant as well as that the pilot conversion plant.
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