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ARTICLE · 29 OCTOBER 2020

European Commission Launches Innovation Fund Call For Proposals To Support Innovative Clean Energy Projects

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On June 25, 2020, the Court of Justice of the European Union ("ECJ") delivered a judgment (C24/19) clarifying that orders and circulars of EU Member States that regulate the installation and operation

United StatesEnvironment
Armelle Sandrin-Deforge
Armelle Sandrin-Deforge
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On June 25, 2020, the Court of Justice of the European Union ("ECJ") delivered a judgment (C24/19) clarifying that orders and circulars of EU Member States that regulate the installation and operation of wind turbines constitute "plans and programs" subject to environmental assessment under Directive 2001/42.

In this matter, neighbours of a site intended for wind turbines in Belgium challenged the development consent granted to the project by the authorities on the grounds that such consent had been based on conditions provided in an order and circular by the regional government, neither of which had been subject to an environmental assessment.

The ECJ stated that "plans and programs" are subject to environmental assessment under Directive 2001/42 when: (i) their adoption is regulated by national legislative or regulatory provisions; and (ii) they are likely to have significant environmental effects. The ECJ indicated that it could not narrowly interpret this

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