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.


EG Lorraine Permitting v. Minister of Ecological Transition and Finance

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EG Lorraine Permitting v. Minister of Ecological Transition and Finance - decision

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Actions to reduce emissions in energy generation and supply.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

EG Lorraine Permitting v. Minister of Ecological Transition and Finance - decision

Risk

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector