Ireland’s Climate Action Plan is published annually with the purpose of setting a roadmap for meeting Ireland’s legally binding carbon budget (the total amount of emissions that may be emitted in the State during a five-year period). Actions set out in the 2023 Plan are carried over and shape the direction of subsequent annual plans. 

In taking this case, FIE argued that the Government had failed to show with a sufficient level of specificity that the Climate Action Plan 2023 and its Annex of Actions would reduce greenhouse gas emissions in line with Ireland’s legally binding carbon budgets,inbreach of the Government’s legal duties under the Climate Action and Low Carbon Development Act 2015 (as amended).

However, the Court of Appeal held that the onus of proof required to demonstrate that the Government acted in breach of the 2015 Act when adopting Climate Action Plan 2023 had not been discharged. On the 1st of July 2026, the Supreme Court granted permission to Friends of the Irish Environment to appeal the judgment of the Court of Appeal on grounds that the issues raised are of public importance.

This challenge concerning the adequacy of Ireland’s Climate Action Plan comes at a critical juncture for climate action globally and in Ireland. Despite declaring a climate and biodiversity emergency in 2019, Ireland’s emissions have remained persistently high. The most recent projections from the Environmental Protection Agency indicate that Ireland remains significantly off track to meet its national and EU climate targets, and the Minister for Climate, Environment and Energy, Darragh O’Brien has publicly acknowledged that Ireland will not achieve its legally binding 2030 emissions reduction target.

In its application for leave to appeal, filed on Earth Day, and granted leave on 1st July, FIE have sought clarity on the extent to which the Government, under the Climate Action and Low Carbon Development Act 2015 (as amended in 2021), must quantify, justify or explain the emissions reductions measures set out in the Climate Action Plan and its obligation to “ensure” the Plan is “consistent with” the carbon budget programme.

Tony Lowes, a director at FIE said: “Actions speak louder than words.As the impacts of climate change worsen and the window to remain within 2C narrows,Ireland mustprepare nowfor a fair and inclusive transitionto a low-carbon society. 
This requires that Climate Action Plans set out a sufficiently clear roadmap for effective climate action while also serving as a meaningful mechanism for monitoring and ensuring accountability on Government climate action – as exemplified in the UK equivalent. 

“We remain steadfast in our commitment to ensure the Government reduces emissions in line with its legal obligations.” 

Aoife Kelly-Desmond, CEO of Community Law & Mediation said: “The Environmental Protection Agency’s most recent projections show that Ireland remains significantly off track for meeting its national and EU climate targets. Current climate policies could deliver emission reductions of up to 25 per cent by 2030, falling far short of Ireland’s legally binding carbon budgets. Both the Climate Change Advisory Council and the Irish Fiscal Advisory Council have warned Ireland may face fines ofupto €26 billion if it does not reduce emissions in line with its EU obligations. 

“Concerningly, against this backdrop,the Government is forwarding proposals that undermine climate governance and the effectiveness of our climate legislation. These include the disapplication of what the Supreme Court described as the‘climate sensecheck’ undersection 15 of the Climate Act in draft bills on Critical Infrastructure, the Dublin Airport Passenger Cap and Strategic Gas Emergency Reserve. Other retrograde proposals would bring in sweeping restrictions on judicial review and access to the courts for ordinary people.”