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- An Taisce — National Trust for Ireland v an Bord Pleanála, The Minister for Communications, Climate Action and The Environment, Ireland and The Attorney General
An Taisce — National Trust for Ireland v an Bord Pleanála, The Minister for Communications, Climate Action and The Environment, Ireland and The Attorney General
About this case
Filing year
2022
Status
Decided
Geography
Court/admin entity
Ireland → Supreme Court of Ireland
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Other projects (Global)
Principal law
International Law → European Union EIA DirectiveInternational Law → European Union Habitats DirectiveIreland → Climate Action and Low Carbon Development Act 2015
At issue
Whether the Irish Planning Board had adequately considered the upstream consequences of a proposed cheese factory
Documents
Filing Date
Document
Type
Summary
The appellant sought to challenge the granting of a planning permission by the Irish Planning Board for the construction of a cheese factory. The appellant alleged that the Irish Planning Board had failed to adequately consider the environmental impacts, and in particular, the upstream consequences of the expanded dairy production, following EU law.
The High Court dismissed the appeal because the upstream consequences of the dairy production were sufficiently removed from the individual project. In the Court's view, this meant that the consequences could not be viewed as being site-specific, meaning it did not have to be considered for the purpose of EU law.
The appellant brought their appeal to the Supreme Court. The Supreme Court upheld the decision of the High Court, determining that the analysis requested by the appellant was more appropriate at a national or sectoral level rather than a site-specific level. Therefore, the upstream consequences did not have to be considered in the context of this site.