The administrative court of Grenoble suspended the decree of the prefect of Haute-Savoie validating the realization of a fifth hill housed in La Clusaz. The mayor of the municipality announces that he wants to appeal to the Council of State.
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This is a first legal victory for the opponents of the new hill reservoir of La Clusaz (Haute-Savoie), pending a decision on the merits of this file. The administrative court of Grenoble, by his judge of summary proceedings, agreed to five applicant environmental associations by ordering, Tuesday, October 25, the provisional suspension of the execution of the prefectural decree of September 20 which grants an environmental authorization to the municipality Clusaz for the realization of this fifth restraint on its territory. With a capacity of 148,000 cubic meters, this reservoir located in the wood of the Colombière must, according to the municipality’s project, be used for the production of crop snow for its two-thirds, for drinking water for water for The rest.
The judge in summary proceedings retains that the decree contains a clearing authorization, that this work can only legally take place on November 30 and that they would therefore be “imminent”. The prefecture had provided during the hearing of October 20, via its two representatives of the departmental management of the territory, that “the current occupation of the premises by Zadists was not likely to allow the start of the work”.
“consequences that would not be reversible”
The judge in summary proceedings responds in his ordinance that the Zadists are “likely to be expelled by the police at the brief deadline on the orders of the Minister of the Interior”, thus legitimizing the emergency action of the applicants . The court adds that “the public interest which stems from the realization of a hill reservoir essentially intended to ensure the artificial snow of the station is insufficient to question the urgency which is due to the preservation of the natural environment and species that it houses, with consequences which would not be reversible, at least in the medium term. “The order also underlines, as did the applicants at the hearing,” the lack of imperative reason for public interest major allowing to derogate from the prohibition of destruction of protected species “, leading,” in the state of the investigation “,” a serious doubt as to the legality of the attacked decree “.
In the wake of this decision, the Zadists, whose illegal occupation of the wood of the Colombière had a little more tense relations in the village, announced in a press release that they withdrew: “Our presence in the Wood having fulfilled its function and no longer necessary, we fold luggage “. However, they specify, “nothing is acquired”. “We will continue to defend wood against this project from another time (…). We will constantly reinvent ourselves to make our mountains living places, which offer present and future generations the possibility of living them, quite simply.”
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