Complaints against old mines in the Gard were dismissed

Illustration of the penal code.

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The fifty criminal complaints from residents and associations, affected by environmental pollution attributed to old mines, near Anduze (Gard), were dismissed, indicates the Marseille prosecutor's office.

"The classification without follow-up to this investigation actually took place on July 27, 2020 insofar as the investigations carried out in cosaisine by the OCLAESP (Central Office for the fight against attacks on the environment and public health) and the SR (research section of the gendarmerie) in Nîmes could not establish a direct causal link between the former extractive activities of the sites of Saint-Felix-de-Pallières and Saint-Joseph and soil pollution and the state of population health ”, explained the prosecutor of the Republic of Marseille, Dominique Laurens.

Arsenic, lead and cadmium

"It could not be determined with certainty that the heavy metals present on the sites were of human origin and not natural," added the magistrate from Marseille.

In addition, the causal link between the presence of these metals and the pathologies presented by certain patients has not been the subject of a scientific consensus.

Finally, it was not possible to identify any marked breaches by Umicore of its regulatory obligations applicable at the material time.

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Abnormal levels of arsenic, lead or cadmium had been detected in several inhabitants of the surroundings, including children, and 45 complaints against X had been filed in 2016, targeting contamination attributed to ex-mines of lead and zinc.

"Justice kicks in touch"

The criminal complaints filed were aimed at environmental contamination and the health consequences that would have been caused by residues and wastes from two old mines located less than 10 km from Anduze: the Joseph mine, abandoned in 1955, and that of the Croix-de -Pallières, which has not been operated since 1971. Both were managed by the Belgian company Union minière, now Umicore.

The complainants believe that local populations and tourists alike have been left in the dark about the dangers involved.

"Justice kicks in after dragging the case for more than four years because the authorities are afraid of a domino effect of jurisprudence because of the number of mining sites that have generated health and environmental problems in France", reacted François Simon, from the Association for the depollution of the old mines of the old mountain (ADAMVM).

Some plaintiffs have also initiated proceedings with the administrative court of Nîmes where, again, "it is complete silence", notes Michel Bourgeat, resident and member of ADAMVM.

The plaintiffs are now planning to become a civil party to obtain the appointment of an investigating judge.

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• Justice

• Pollution

• Languedoc-Roussillon