Eco-Destructive Projects: Endangered Species Protection at Risk

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Since May 3, developers of environmentally damaging projects have gained an additional tool to aid in completing their plans. They are now permitted to harm species without needing to seek prior exemptions, provided they adhere to two conditions: they must implement measures to “reduce the risk of destruction or disturbance” of protected species and establish “a monitoring system to assess the effectiveness of these measures.” This change is outlined in the latest amendment to the Environmental Code, which stems from a law adapting to European Union regulations, published on May 2 in the official journal.

The measures implemented by the developer must reduce the risk of disturbing or killing species to a level where the risk is deemed “not sufficiently significant,” according to the law.

Initially, only renewable energy production projects were supposed to be covered under this regulation to align with a European directive. However, the Senate decided to extend these provisions to all projects, “regardless of their nature, scale, or purpose,” a move that has been criticized by lawmakers from the ecological and La France Insoumise groups, who attempted to challenge the legitimacy of such a provision. Their efforts were unsuccessful, and the law was approved as is.