[Thesis defence] 15/12/2025 – Sarah Kubien: «Avoidance in environmental law: an introduction through environmental assessment» (UMR IMBE)

Sarah KUBIEN will publicly defend her thesis entitled: «Avoidance in environmental law: an introduction through environmental assessment», supervised by Mr Thierry DUTOIT, Ms Isabelle DOUSSAN and Ms Marthe LUCAS, on Monday 15 December 2025.

Laboratory

UMR 7263 IMBE - Mediterranean Institute of Biodiversity and Ecology EECAR

Composition of the jury

Ms Marthe LUCAS	Avignon University	Thesis co-supervisor
Mr Philippe BILLET	Jean Moulin University Lyon 3	Rapporteur
Mr Charles-Hubert BORN	Catholic University of Louvain	Rapporteur
Ms Isabelle DOUSSAN	INRAE	Thesis co-director
Thierry DUTOIT	CNRS	Thesis co-director
Mr Bernard DROBENKO	Littoral Côte d’Opale University	Examiner
Ms Isabelle MICHALLET	University of Rennes	Examiner

Summary

The impact assessment is a tool for preventing environmental impacts that was adopted into domestic law in 1976. Innovative at the time, the impact assessment, which has more recently become the environmental assessment, provides for the production of a scientific report and consultation with the public, local authorities and various bodies concerned by the procedure before a project is authorised or a plan is approved. Among the sections 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 and foremost ensure that impacts on the environment are avoided, then reduce those that cannot be avoided, and finally compensate for any residual impacts. At the time, and until about fifteen years ago, the ERC sequence had not really been adopted by stakeholders, nor had it given rise to measures to prevent and repair residual environmental damage. It was only with the rise in interest in compensatory measures that the legal framework for the sequence was reviewed and strengthened in 2010, then in 2016 by the law on the restoration of biodiversity, nature and landscapes.

However, compared to ecological compensation, avoidance has been the subject of very few studies to date. Yet in practice, both researchers and those working in the field warn of a lack of application of avoidance. Upon examining this phase, it appears that there are multiple causes for this shortcoming. Although seemingly straightforward, the topic of avoidance is difficult to address due to the confusion it creates with other areas of impact assessment and, beyond that, due to its multifaceted nature. This is reflected in the different forms of avoidance used, the broad scope of environmental assessment, and the diversity of environmental impacts that are supposed to be addressed. It is also marked by the involvement of political choices, which are very present at this level. The thesis thus highlights a typology of avoidance. In addition to the various vectors for implementing avoidance, including the link between plan assessments and project assessments, the thesis calls for the law surrounding this tool to be made more consistent in order to streamline its practice and increase its effectiveness. This update is essential because avoidance is now back in the spotlight. By adopting ambitious targets for limiting environmental impacts, such as «zero net land take», «net zero» greenhouse gas emissions, and no net loss of biodiversity, public policies are fully in line with environmental assessments and avoidance. Today's undeniable ecological emergency requires new thinking about the sober consumption of natural resources and the integration of human activities within planetary boundaries.

Keywords : avoidance, ERC, avoid-reduce-compensate, impact assessment, environmental assessment, prevention