For an environmental offense, the conviction, which fell in July 2020, was extremely rare: nine months in prison for the president of the Lot-et-Garonne chamber of agriculture, Serge Bousquet-Cassagne, eight months closed for his vice -President, Patrick Franken. The two men had appealed; they saw, Thursday, January 13, their sentences reduced to ten months with a probationary suspension of eighteen months and escape, for the moment, to the prison.
As decided at first instance, they will have to pay a fine of 7,000 euros each and, for non-pecuniary damage to the plaintiffs, 25,000 euros in compensation for France nature environnement (FNE) and for the Company. for the study, protection and development of nature in the South-West (Sepanso), as well as 15,000 euros for the National Association for the protection of waters and rivers, trout, grayling, salmon. They will also have to pay 32,900 euros to Enedis, whose facilities were damaged during the Caussade construction site.
The Agen court therefore chose not to confirm the severity of the penalties in this case of the illegal construction of a 920,000 cubic meters of water reservoir, i.e. a work with an area of 20 hectares and 12 meters of water. depth. Mr. Bousquet-Cassagne immediately welcomed this “Snub for environmental associations”. “We knew very well that the justice of our country was not going to put us in prison for having made a lake”, he welcomed at the end of the hearing.
“The closed prison was justified”
“For the first time, criminal convictions have been handed down in a case of environmental damage, it is important that this be recognized,” comments soberly Lionel Feuillas of FNE. Our concern now is whether the State will enforce its 2019 prefectural formal notice, requiring the site to be rehabilitated. “
The associations lawyer, Alice Terrasse, does not hide her disappointment. “This trial should have been held before a tribunal specializing in environmental damage. The prison was justified with regard to two people, elected, who used their local political networks and who benefit from lenient treatment, she believes. Their work, illegal, is currently being used with everyone’s knowledge. This raises questions regarding the absence of the state. “
The Caussade dam, erected on a tributary of the Le Tolzac river, has become an explosive illustration of the tensions surrounding water resources in certain French agricultural regions. The court’s decision comes at a time when the national reflection in progress entitled “Agricultural Varenne of Water and Climate Change” should lead to decisions at the end of January on the supply of agricultural sectors. The representatives of the latter hope to obtain the assurance of being able to face recurrent droughts under better conditions, in particular by storing water resources.
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