Friends of the Irish Environment CLG v An Bord Pleanala Ireland Attorney General Minister for Housing Local Government and Heritage

Friends of the Irish Environment [FIE] has lodged a Judicial Review of a proposed LNG’s 600 MW gas power plant and battery storage system in Co Kerry. The challenge is based on EU law, climate science, and Ireland’s breaching of its Sectoral Emissions obligations. In the proceedings FIE cites what they allege are critical failures in the Environmental Impact Statement submitted by the developer which include a description of the methods used to assess the climate impact. They argue that (a) these methods underestimate the amount of greenhouse gas emissions that will be released by the plant and (b) even if the developer’s emissions calculations are accepted, this single PowerStation would account for on its own 1/3rd of all budgeted emissions from the entire electricity sector in 2030 - which in turn raises questions about the extent to which the national planning authority [An Bord Pleanala] can explain how this could possibly be compliant with the relevant national carbon budgets and sectorial emissions ceilings, in a manner consistent with the authorities functions in relation to the proposed development in a manner consistent with the requirements of Section 15 of the Climate Action and Low Carbon Development Act 2015 (as amended). Leave to pursue judicial review has been granted by the Irish High Court.