new failure for anti-pesticide mayors, their emergency appeal is rejected

Another setback for anti-pesticides: the highest administrative court in the country, without having yet examined the file on the merits, on Friday rejected their request to urgently suspend the minimum spreading distances set in December by the government.

The judge of summary procedure (emergency procedure) of the Council of State estimated that “the condition of urgency” to rule on the texts published on December 27 by the government was not fulfilled. The procedure will therefore continue on the merits, with a decision expected “in the coming months” according to the Council.

The disputed decree and decree, published after several months of controversy, confirmed the minimum distances from housing for the use of pesticides, which had been put out for public consultation in the fall: five meters for so-called low crops such as vegetables and cereals and ten meters for tall crops, fruit or vines. Distance increased to 20 meters for the “most dangerous” products, which represent around 0.3% of the active substances used.

Led by the emblematic mayor of Langouët (Ille-et-Vilaine) Daniel Cueff, who had taken an anti-pesticide decree in May 2019 (canceled by the administrative court) for the territory of his commune, the collective of anti-pesticide mayors , which has around 120 city councilors, had challenged these decisions urgently.

But the judge in urgent proceedings rejected the concept of urgency, relying in particular on the fact that the complainants “are content to criticize very generally the distances of 5, 10 and 20 meters and the derogations which can be made, by indicating that such distances cannot seriously be regarded as satisfying the obligation to protect local residents “, even though these distances correspond to those recommended by the National Health Security Agency (ANSES).

“Agribashing” versus “right to poisoning”

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