LEGAL ACTION BY ENVIRONMENTAL PROTECTION ASSOCIATIONS
LexInter | May 3, 2003 | 0 Comments

LEGAL ACTION BY ENVIRONMENTAL PROTECTION ASSOCIATIONS

Article L142-1
Any association whose object is the protection of nature and the environment may initiate proceedings before the administrative courts for any grievance relating to it.
Any environmental protection association approved under Article L. 141-1 has an interest in taking action against any administrative decision directly related to its object and statutory activities and producing harmful effects for the organization. environment on all or part of the territory for which it is approved.
Article L142-2
The approved associations mentioned in Article L. 141-2 may exercise the rights granted to the civil party with regard to facts directly or indirectly prejudicial to the collective interests they are intended to defend and constituting an infringement of legislative provisions relating to the protection of nature and the environment, the improvement of the living environment, the protection of water, air, soil, sites and landscapes, town planning, or having for object the fight against pollution and nuisances, as well as the texts adopted for their application.
This right is also recognized, under the same conditions, to associations duly declared for at least five years on the date of the facts and which propose, by their statutes, to protect all or part of the interests referred to in Article L. 211 -1, with regard to the facts constituting an infringement of the provisions relating to water, or the interests referred to in Article L. 511-1, with regard to the facts constituting an infringement of the provisions relating to classified installations.
Article L142-3
When several identified natural persons have suffered individual damages which were caused by the act of the same person and which have a common origin, in the areas mentioned in Article L. 142-2, any association approved under the Article L. 141-1 may, if it has been mandated by at least two of the natural persons concerned, bring compensation before any court on their behalf.
The mandate cannot be requested. It must be given in writing by each natural person concerned.
Any natural person who has given his consent to the exercise of an action before a criminal court is considered in this case as exercising the rights recognized to the civil party, in application of the code of criminal procedure. However, the meanings and notifications are sent to the association.
The association which takes legal action in application of the provisions of the preceding paragraphs may become a civil party before the examining magistrate or the trial court of the head office of the company in question or, failing that, the place of the first offense.

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