Environmental Law

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

The Law Society of Ireland team has emerged in third place at the 26th Annual Stetson International Environmental Law Moot Court Competition. The team of Lauren Keogh, Ciara Dinneny and Helen Ryan, coached by T P Kennedy, represented Ireland in the finals at Stetson University College of Law in Gulf

The Irish government's ambition to create a "circular economy" where waste is minimised will become a statutory requirement under landmark legislation announced today. The Circular Economy Bill will define the term "circular economy" for the first time in Irish domestic law as "an economic model and

The Supreme Court has dismissed an appeal brought by An Taisce against the grant of permission for a major cheese factory in Slieverue, Co Kilkenny. It was argued by the appellant that the new factory would consume 450 million litres of milk per year, and that the environmental impact of this consum

Fieldfisher lawyer Gráinne O'Callaghan has been appointed as secretary and treasurer of the Irish Environmental Law Association (IELA). Established in 1993, IELA promotes enhancement and conservation of the environment, shares information on environmental law and its application, makes educat

An environmental lawyer has been fined £5,000 after being found in contempt for leaking the UK Supreme Court's judgment in a case concerning the expansion of Heathrow Airport. Tim Crosland has become the first person to ever be tried and found in contempt by the Supreme Court.