At the beginning of 2025, a group of landowners, farmers, and campaigners under the name the Alternative A5 Alliance (AA5A) filed for judicial review to challenge the Northern Ireland Department for Infrastructure’s (DfI) decision to continue the A5 dual carriageway project. The challenge was filed under Article 67BA of the Roads (Northern Ireland) Order 1993. The major infrastructure project was aimed at improving the A5 route between Derry and Aughnacloy, which has been a lasting safety concern, resulting in numerous civilian deaths. 

The plaintiff alleged that the DfI’s decision failed to comply with Section 52 of the Climate Change (Northern Ireland) Act 2022. This section mandates public authorities to have regard and act in accordance with the legally binding Climate Action Plan, which was not in place at the time the DfI decided to proceed with the project. On these grounds, the plaintiff contends that DfI did not have a proper legal framework to ensure it was complying with Ireland’s climate targets, specifically an emissions reduction cap. 

The plaintiff also contended that the defendant failed to take into account a critical relevant consideration, or a recently updated Climate Action Plan, when it approved the plan. The plaintiff also alleged that the DfI acted unlawfully by disregarding the Planning Appeals Commission’s recommendation of imposing a time limit for the project’s development, representing a breach in procedural fairness. The plaintiff contended that the lack of a time limit caused uncertainty for the landowners and residents near the project, failing to comply with Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. 

The court issued a judgment stating that the DfI acted unlawfully by making a decision inconsistent with Section 52 of the Climate Change (Northern Ireland) Act 2022. The court also stated that the DfI ignored a critical relevant consideration as it proceeded without an updated Climate Action Plan and that DfI violated the principles of procedural fairness when prolonging uncertainty for landowners and residents. The court also ruled that the time limit violations constituted a human rights violation, and ultimately quashed the DfI’s decision to proceed with the project. 

The Court of Appeal overturned the High Court decision. It reasoned that the High Court erred in effectively requiring a greater analysis of this distinct issue of GHG emissions arising from induced cross-border journeys than would be needed to allow the project to proceed. It said an approach which required inclusion of this consideration was too exacting and was over and beyond the requirement to have an adequate environmental impact assessment. The methodology and additional expert evidence filed on behalf of the DfI should have satisfied the High Court that the question of transboundary emissions was adequately addressed.  The Court concluded that provided the authority had considered the greenhouse gas emissions and could explain how the project fits within the broader effort to meet net zero targets, the Court would not interfere to shut down projects on a project-by-project basis where there was otherwise an appropriate EIA.

Alternative A5 Alliance v Northern Ireland Department for Infrastructure

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Alternative A5 Alliance v Northern Ireland Department for Infrastructure - judgment

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

An agency providing government-backed financing, guarantees, and insurance to support domestic companies' international exports, that can play a role in financing climate-related projects.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Actions to reduce emissions in energy generation and supply.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

People with different national or cultural traditions from the dominant population

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

woman and genders outside of the gender binary

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that relate to the production of goods and services from forests.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Alternative A5 Alliance v Northern Ireland Department for Infrastructure - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance