Everybody knows the process of brown field clean-up when (industrial) operation ends and before any other subsequent use. Quite different is the question of assessing hazards and damages (if any) in a case, first of its kind in France, where no technical nor regulatory frame exist up to now : urban housing upon a former outdoor firing range.
1. The case and its background
Several families had bought private dwelling in a new private housing estate. That estate was located on the site of a former outdoor firing range. When discovering lead shots inside their gardens, several owners joined in filing a case against both city council (former owner) and property developer, for loss of enjoyment and fear of pollution.
2. Expert’s appreciation
2.1 French feedback and back ground
Front to lack of French experience in decommissioning outdoor firing range in order to allow private housing development and lack of regulatory frame - regulatory frame has been shaped for brownfields and industrial operators – experiences have been drawn from other countries (USA and Switzerland). Some experience have been noticed in France in a quite close, but widely different situation : shooting range inside an ammunition plant, and their feedback was useless.
2.2 Other international experiences
International references will rely upon USA and Switzerland
2.3 Redrafting the mission
What is at stake : complaints and first draft of judicial mission relying upon lead, arsenic, and antimony. But for all ammunitions – before 1960 – quicksilver was present in primers ; at the difference of lead pollution, found near the place of shots fall out, quicksilver is present near the shooting range. So, following expert’s proposal quick silver was added to the field of investigation and judicial mission extended upon expert proposal.
3. Looking for methods and references
A particular method is to be set up, under litigants cross examination, using both foreign experiences and national good practices: To encompass pollution sources as a whole; To assess helath hazards related to a permanent dwelling exposition, and to main sorts of pollution; To bring a best estimate of losses suffered by litigants.
4. Drafting an evidence seeking process with analytical and process evidences
Presentation will describe how in such a case use of technique and processes admitted elsewhere will be transfered inside a French judicial case. A particular item will be dedicated to economy of the case.