The Nantes appeals court found France liable for the death of Jean-Rene Auffray, citing its “negligence” in enforcing environmental regulations to protect its waters and prevent toxic green algae blooms.
Auffray, a keen trail runner, died of sudden respiratory failure while jogging in the algae-choked Gouessant estuary near the city of Saint-Brieuc.
Tuesday’s decision reversed that ruling, marking the first time France has been held liable for the health risks posed by deadly green algae blooms along its coast.
The court found Auffray’s death was caused by a rapid pulmonary oedema -- a condition in which there is too much fluid in the lungs -- which could only be explained by fatal poisoning from inhaling hydrogen sulphide at very high concentrations.
The deceased’s family will receive partial compensation, as the court found the state 60 percent liable, noting that he had taken a personal risk by jogging in the estuary.
According to a 2021 report from France’s top audit court, around 90 percent of Brittany’s algae blooms are caused by agriculture, where the use of nitrogen fertilisers has increased significantly since the 1960s.
Intensive farming — especially pig farming — and the resulting nitrate pollution have been linked to the spread of green algae in the western Cotes-d’Armor region.
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