Droit de l'environnement industrielDroit et sécurité (ERE)
Industrial Environmental Law
Séquencement
Learning objectives
• Mastering the legal framework of the industrial environment (public law and private law): a reminder of the common law regime/specific regime of the ICPE, transport of dangerous materials, waste, water, air, noise, polluted sites and soils. • Know the guiding principles of the administrative, civil and criminal liability of natural persons and the penalties incurred by the company as a result of damage caused by the installation to the environment: polluter pays, prevention, precaution. • Know the public interlocutors of environmental law, relations with environmental administrations, their competences. • Know the principles of environmental litigation: application to ICPE administrative litigation. (Responsibility, procedures, powers of the judge, sanctions and remedies: who can initiate an appeal, on what grounds) know how it is carried out: Penal sanctions (finish, imprisonment, closure...),
- Administrative sanctions (warning, etc.). • Know the legal obligations and responsibilities of the author of the impact assessment. • Know the texts (the most important relating to the impact study: Law 76-629 of 10 July 1976, Decree 77-1141 of 12 October 1977... • To have concepts on urban law: urban planning code, expropriation code... with reference to the law of 31 July 2003: general rules of urban planning taxation, right of preemption, expropriation...
Program
Foreword. • Definition of industrial environment law. • The general interest in environmental protection. • Legal and institutional framework for industrial environmental law. • Sources of industrial environmental law. The Hierarchy of Standards. International, community and national sources. News: the Grenelle de l'environnement. • Actors of national, regional and departmental industrial environment law. • Principles of industrial environmental law. The polluter-pays principle. Prevention and precautionary principle. The principle of information and citizen participation. Regulation of industrial environment law. • Environmental authorization scheme • Classed installations for environmental protection (ICPE). Creation, operation and termination of an ICPE. • Contaminated sites and soils. Management tools. Responsibility for contaminated sites and soils. • REACH. Obligations of importers/manufacturers. Responsibilities related to REACH. • Water. - Organization of water management. Water police. • Waste. - Definition and legal framework of waste regulation. • Waste collection and disposal. • Noise. - General noise regulations. Noise and ICPE.
• Air. - Air protection regulations. Greenhouse gases.
• Litigation and responsibility. penalties, procedure and jurisdiction of courts
• Litigation and administrative, criminal and civil liability
• Special case of environmental liability: scope and regime.
• Summary of applicable requirements
Assessment
Table Control (Duration 1h30)
Skills
1| Ref. | Verb | Description | Level |
|---|---|---|---|
| C5 | argue | Meet the requirements of risk governance. Develop associated document systems | 4 |