This is good news that confirms the suspension of the decree obtained urgently by One Voice just after it being issued and allowing the lives of numerous badgers and their young to be saved. The court revealed multiple illegalities.
The non-transparency of the presentation note
Firstly on the style: the presentation note accompanying the decree project during the public consultation did not detail either the reasons leading to the additional period of underground badger hunting with hounds being authorised or give local data on badgers. The court considered that the violation of this article in the Environmental Code deprived the public, and particularly associations for environmental protection, of a guarantee.
The Commission in charge of evaluating the consequences for animals was misinformed
Before any issuing of a decree, the National Commission for Hunting and Wildlife must be summoned according to the rules which have not been followed to the letter in this case. Not only have its members not had access to documents that must be sent to them to study the decree project sufficiently ahead of the meeting, but these documents were not all together! Particularly, they had no knowledge of the “decree project, the dates of this additional period, or the estimates of the badger population in the department or, to a greater extent, the effects that an extension on the hunting season was likely to have on the presence of the species in the Corrèze Department.” (Extract from the ruling.)
The casual nature of arguments put forward by the Prefecture
Finally and in substance, the court ruled that the Prefect had based their decision on the occasional damage to agricultural produce that was not established, and that the survival of the young as well as the potential presence of other animals in the setts should be taken into account, something that the Prefect had not done.
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Joëlle | Thursday 27 October 2022