Sarah Kubien's thesis “L'évitement en droit de l'environnement : une entrée par l'évaluation environnementale” (Avoidance in environmental law: an approach based on environmental assessment)”

Mrs. Sarah Kubien, doctoral student at IMBE, will publicly defend his thesis on Monday 15 December 2025, at 3pm in the Salle des Thèses, Avignon Université.

In front of a jury made up of :

• M^me Isabelle DOUSSAN, INRAE Research Director, Thesis co-supervisor
• Thierry DUTOIT, CNRS Research Director, Thesis co-supervisor
• M^me Marthe LUCAS, Senior Lecturer Avignon University, ADR Thesis co-supervisor
• Philippe BILLET Professor, Jean-Moulin Lyon 3 University, Rapporteur
• Charles-Hubert BORN, Professor, Université catholique de Louvain, Rapporteur
• Bernard DROBENKO, Professor Emeritus, Université Littoral Côte d'Opale Examiner
• M^me Isabelle MICHALLET, University Professor, University of Rennes Examiner

Summary of work:

The impact assessment is a tool for preventing environmental impacts that was adopted into French law in 1976. An innovation at the time, the impact assessment, which more recently became known as the environmental assessment, requires a scientific report to be produced and the public, local authorities and other bodies concerned by the procedure to be consulted before a project is authorised or a plan approved. Among the headings of the impact assessment, the “Avoid-Reduce-Compensate” (ERC) sequence establishes a hierarchy between the different phases: the project owner or public decision-maker must first avoid the impacts caused to the environment, then reduce those that have not been avoided and finally compensate for the residual impacts. At the time, and until about fifteen years ago, the so-called ERC sequence had not really been appropriated by the players involved, nor had it given rise to measures to prevent and repair residual environmental damage. It was only with the growing importance of compensatory measures that the legal framework of the sequence was reviewed and strengthened in 2010, and then in 2016 by the law on the reconquest of biodiversity, nature and landscapes.

The fact remains that, compared with ecological compensation, avoidance is currently the subject of very few studies. In practice, however, both practitioners and researchers are warning that avoidance is not being applied effectively. Examination of this phase reveals that there are many reasons for this shortfall. Although simple on the face of it, the subject of avoidance is in fact proving difficult to deal with, given the confusion it causes with other headings in the impact study and, beyond that, because of its multiple dimensions. This is reflected in the various forms of avoidance used, the broad scope of the environmental assessment, and the diversity of the environmental impacts that are supposed to be assessed. It is also marked by the involvement of political choices, which are very present at this level. The thesis highlights a typology of avoidance. In addition to the various vectors for implementing avoidance, including the link between plan and project assessments, the thesis calls for the law to be made consistent around this tool, in order to rationalise its practice and increase its effectiveness. This update is vital, as avoidance is now back in the spotlight. By adopting ambitious targets for limiting environmental impact, such as “zero net artificial development”, “zero net greenhouse gas emissions” and "no net loss of biodiversity", public policies are following in the footsteps of environmental assessments and avoidance. Today's undeniable ecological emergency calls for new thinking on the sober consumption of natural resources and the need to keep human activities within planetary limits.