High Court quashes Aughinish Alumina expansion in landmark environmental ruling

Michelle Hayes

The judgment, delivered on 19 June 2026, overturns permission for a major development that would have increased the height of the red mud waste disposal area from 32 metres to 44 metres, and enlarged the quarry blasting area.

The court found serious deficiencies in the planning process, including failures relating to seepage and flood risk assessment. The judgment also contains strong criticism of record-keeping practices within An Coimisiún Pleanála, finding that statutory records had been retrospectively altered by software in a manner described by the court as resulting in records that were “materially false”. The court further found a breach of statutory obligations regarding the keeping of planning records.

In a strongly worded judgment, the court stated that ETI had performed “a considerable service” to both An Coimisiún Pleanála and the public interest by uncovering the record-keeping issues that emerged during the litigation proceedings. 

Since the judgment was delivered on 19 June, the respondent, An Coimisiun Pleanala, applied to the High Court last Thursday to have the word “falsified” and its variations removed from the judgment. Counsel for An Coimisiun Pleanala, informed the court that the Commission was “extremely concerned” with the use of the word “falsified”. The court stood over its judgment and rejected the commission’s complaint.
 
Solicitor Michelle Hayes, who is co-founder and president of Environmental Trust Ireland, welcomed the ruling.

She said: “This is one of the most important environmental cases in Ireland today. We are pleased that the High Court has recognised serious flaws in the decision-making process and has quashed the planning permission.”