Friends of the Earth et al. v. Prefect of of Bouches-du-Rhône and Total - France

Jurisdiction: Administrative Court of Marseille

Principle law(s): 2020 Climate and Energy Package (contains Directive 2009/29/EC, Directive 2009/28/EC, Directive 2009/31/EC and Decision No. 406/2009/EC of the Parliament and the Council ; see below)

Side A: Friends of the Earth (Ngo)

Side B: Prefect of Bouches-du-Rhone (Government)

Side C: Total (Corporation)

Core objectives: Whether a permit to operate a biorefinery must take into account climate impacts of palm oil production and use.

Summary

On April 1, 2021, the Administrative Court of Marseille partially invalidated Total's permit to operate a biorefinery in France and directed the company to study the climate impacts of imported palm oil. NGO plaintiffs alleged that the Prefect of Bouches-du-Rhône, in authorising the continued operation of the refinery, failed to take into account the climate and other environmental impacts of palm oil production and use. The Court agreed that the decision authorising the operation of the plant relied on insufficient information on climate impacts, and ordered a new study on the cumulative direct and indirect climate effects of the biorefinery project.

Case documents

Decision partially invalidating bio refinery permit (French)

Related laws and policies

This law implements European Union legislation

2020 Climate and Energy Package (contains Directive 2009/29/EC, Directive 2009/28/EC, Directive 2009/31/EC and Decision No. 406/2009/EC of the Parliament and the Council ; see below)

Passed in 2009 Legislative

In 2007 EU leaders endorsed an integrated approach to climate and energy policy that aims to combat climate change and increase energy security while strengthening its competitiveness. In 2008 the European Commission proposed binding legislation to implement the 20-20-20 targets. This 'climate an...