EG Lorraine Permitting v. Minister of Ecological Transition and Finance

In March 2014, EG Lorraine SAS applied for a hydrocarbon exploration permit that was formally rejected by the Minister of Ecological Transition and Finance due to conflicts with the 2015 Energy Transition Law and the Paris Agreement. In July 2020, the Strasbourg Administrative court annulled the refused permit after EG Lorraine filed complaints regarding abuse of powers. The ministry appealed to the Nancy Administrative court of Appeals. In December 2022, the court of appeals rejected the Minister’s appeal, noting that the government’s energy policy could not form the sole basis of rejection of permitting. Following this decision, the minister then appealed to the Council of State. In July 2024, the Council of State sided with the ministry, reversing the ruling in the appeals decision. The court noted that although the respective laws never cited climate change as a direct reason to reject a permit, the administration can reject an application on the grounds of public interest. The Council stated that there is no “automatic right to a permit.” In other words, even if an applicant meets every technical requirement, the government is not obligated to accept the application on grounds related to public concern. Thus, the Council of State established that limiting climate change by reducing greenhouse gase emissions is a valid public interest.