Mistakes to avoid
Responding to non-conformities

These are not interests protected by ICPE regulations. In practice, environmental inspectors have been sensitive to these arguments in the past. However, it has been ruled that the refusal to identify and sanction non-compliance implicates the responsibility of the prefectoral authority. These arguments are no longer relevant, and the authorities are now giving precedence to the interests protected by ICPE regulations, in particular environmental, health and safety protection.

It has been ruled that an operator cannot rely on its own insolvency to escape its obligations under the regulations governing classified facilities. Similarly, the fact...