The Council of State on Thursday in Paris annulled the decision of the Administrative Court of Guyana which had suspended in September the environmental authorization granted to the controversial EDF power plant project in Guyana.
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In its decision, the Council of State considered that“no statutory provision” does not impose on the prefects “to take into account the objective of reducing greenhouse gas emissions” for the issuance of an environmental permit, such as for the construction of a power plant.
On September 7, 2021, the judge in chambers of the administrative court of Guyana, seized by the associations France Nature Environnement and Guyane Nature Environnement had issued “a serious doubt about the legality of the project” of the EDF thermal power plant in Larivot (Matoury), whose use, not ruled out, of fossil fuels is very controversial. The French Guiana summary judge opposed “climate emergency” and the national targets for reducing greenhouse gas (GHG) emissions to the environmental authorization granted in October 2020 by the prefect of Guyana to EDF which “provides for the use of domestic fuel oil”very polluting, for its future power plant. “If the State and EDF have argued that the plant will operate from 2024 on liquid biomass, they have not been able to prove this allegation” added the judge in chambers.
For the Council of State, “there is no need to directly confront” the environmental authorization, which had received an unfavorable opinion from the commission of inquiry, “to the energy code” which sets the objective of reducing GHG emissions in the national energy policy. The Council of State has also ruled out any breach of the Coastal Law of this project for the greater Cayenne agglomeration, in a little urbanized sector by the sea.
“This plant, it must be done”
In a press release, the president of the territorial community of Guyana, Gabriel Serville, said Thursday “satisfied” of the decision. “This plant, it must be done” had recently supported the Minister of Ecological Transition, Barbara Pompili, on a trip to Guyana. “It is a court decision against the protection of the environment but which we accept (…) It is far from being the end of the legal battle”responded Thursday by press release Guyane Nature Environnement.
The Guyana administrative court will have to rule on the merits of the case in the coming months with regard to environmental issues. The construction involves Vinci Environnement, the Finnish company Wartsila and two companies Nofrayane and Sogea Guyane, chaired by the former president of the regional construction federation Olivier Mantez.