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Schuepbach Energy LLC [Prohibition of hydraulic fracking in relation to the exploration and exploitation of hydrocarbons - revocation of licences to prospect]

Country/Territory
France
Type of court
National - higher court
Date
Oct 11, 2013
Source
UNEP, InforMEA
Court name
Conseil constitutionnel
Seat of court
Paris
Judge
Jean-Louis DEBRÉ, President, Jacques BARROT, Claire BAZY MALAURIE, Nicole BELLOUBET, Guy CANIVET, Michel CHARASSE, Renaud DENOIX de SAINT MARC, Hubert HAENEL and Nicole MAESTRACCI
Reference number
2013-346
Language
French
Subject
Mineral resources, Energy
Keyword
Resource/damage valuation
Abstract

The Conseil Constitutionnel is asked to review the constitutionality of article 1 and 3 Law n°2011-835 of 13 July 2011 on the ban of  exploration and exploitation of liquid or gas hydrocarbon mines by hydraulic fracking and revoking exclusive prospecting licences that were already granted for projects using this technique.
The claimants argued that this law violated the principle of equality before the law, the freedom of enterprise ,violate the precautionary principle (art.5 Charter for the Environment), the guarantee of rights and the rights of ownership, and the principle that public policies should be reconciled with the protection and enhancement of the environment, economic development and social progress (art.6 Charter for the Environnement).
The Constitutional Council upheld the ban on hydraulic fracturing or fracking. It ruled that banning the controversial natural gas extraction process is a valid means of protecting the environment.
 

Full text
CC 2013 n°2013-346 QPC.pdf