05 July 2022 Article on ICPE

In an article published in the June 2022 supplement of the Bulletin du Droit de l’Environnement Industriel, devoted to installations classified for the protection of the environment (ICPE), Xavier de Lesquen and Clothilde Repeta focus on projects that require both a construction permit and an authorization under the ICPE police. The articulation between these procedures has been clarified in recent years due to the convergence of the concerns that they take into account.
Xavier de Lesquen and Clothilde Repeta attempt to identify three types of relationships
– intrusion, when the rules issued by one of the regulations are directly applicable to the authorization issued under the other regulation
– the common submission of the two regulations to the same higher level standards
– and finally, the overlapping of regulations, which occurs when the standards enacted pursue identical or similar objectives.
The article shows that this last type of relationship, although classic, has not yet stabilized: the protection of the landscape offers an illustration of this in the context of a pathological dispute, that of wind farms.