Environmental Law

Ireland has failed to fulfil its obligations under EU biodiversity conservation laws, the Court of Justice of the European Union (CJEU) has ruled. The court yesterday handed down its judgment in the case C-444/21, brought against Ireland by the European Commission with support from the German g

Exorbitant costs are preventing individuals and community groups from bringing legal challenges to safeguard the environment in England and Wales, according to NGOs. A shared report by the RSPB, the Environmental Law Foundation (ELF), and Friends of the Earth England, Wales and Northern Ireland sugg

A solicitor who objected to a strategic housing development in Limerick on environmental grounds has welcomed a decision by An Bord Pleanála to refuse planning permission for a second time. Limerick solicitor Michelle Hayes, president of Environmental Trust Ireland, said the proposed developm

Northern Ireland’s High Court has dismissed an application for judicial review brought by the owner of a trout hatchery who claimed that the Department of Agriculture failed in its statutory duty to conserve waterways. The court found that the respondent took extensive steps to comply with its

Northern Ireland’s High Court has denied two interlocutory applications sought by environmental campaigners challenging the development of a gas storage facility at Islandmagee. The first application was for a strike-out of various parts of the respondent’s evidence, and the second was f

The High Court has determined that certain environmental information relating to biomass imports by a Bord na Móna subsidiary must be disclosed despite being held by the subsidiary company. Bord na Móna (BNM) claimed that the subsidiary was not a public authority and was therefore exem

The Court of Appeal has determined that a company which engages in litigation to promote and protect the Irish environment was not entitled to legal aid from the State in order to pursue its cases. The court held that the Civil Legal Aid Act 1995 did not extend legal aid to corporate bodies. Deliver

A new "digital toolkit" for communities, campaigners and researchers seeking environmental justice has been launched by Community Law & Mediation (CLM) and Environmental Justice Network Ireland (EJNI). The Manual of Environmental Justice was developed following a comprehensive needs assessment c

The Supreme Court has held that the State unreasonably delayed the publication of certain environmental legislation in the Irish language. The respondents were seeking to challenge a compulsory purchase order for lands in the Connemara Gaeltacht and claimed that they did not have reasonable access t

Lawyers have welcomed progress on the setting up of a dedicated planning and environment division of the High Court. The government today announced that the establishment of the new court — promised in the programme for government — will be "completed as soon as possible" without the nee

An environmental organisation has launched High Court proceedings against the proposed expansion of an alumina refinery in Co Limerick. The RUSAL-owned Aughinish Alumina facility refines bauxite into alumina, which is used in the production of aluminium. There has also been quarry blasting on the si

The High Court has quashed planning permission for a strategic housing development at Punches Cross in Limerick following a judicial review brought by Environmental Trust Ireland. The organisation launched legal proceedings after a lengthy submission prepared by its president, solicitor Michelle Hay

With a recent court ruling, France is showing Ireland the way forward on environmental justice, Tom O'Connor reports from Toulouse. The right to live in a healthy and stable environment was established as a fundamental freedom this week by the French Conseil d’État, the country’s

The Court of Appeal has held that a private generator of electricity was not a public authority within the meaning of environmental regulations and was therefore not required to provide information relating to its wind farm. The information was sought by Right To Know CLG, which operated for the pur

The High Court has rejected a submission that an application for a protective costs order in environmental litigation must be made prior to the substantive hearing of the action. It was held that such an application must be considered by a court if it was made at the conclusion of a case. Additional