An advocacy group, Friends of the Irish Environment (FIE), filed suit in the High Court, arguing that the Irish government’s approval of the National Mitigation Plan in 2017 violated Ireland’s Climate Action and Low Carbon Development Act 2015 ("the Act"), the Constitution of Ireland, and obligations under the European Convention on Human Rights, particularly the right to life and the right to private and family life. FIE alleged that the National Mitigation Plan ("the Plan"), which seeks to transition to a low-carbon economy by 2050, is inconsistent with the Act and Ireland's human rights commitments because it is not designed to achieve substantial short-term emissions reductions. The case was argued before the High Court on January 22, 2019. FIE asked the High Court to quash the government's decision to approve the Plan and, if appropriate, order that a new plan be written.  

On September 19, 2019, the Court ruled for the government.  The Court rejected FEI's claim that the Plan was invalid for failing to achieve substantial short-term emissions reductions, concluding that the Act does not require particular intermediate targets.  The Court recognized that "there is now limited room, or . . . carbon budget, for greenhouse gas emissions" given the "safe temperature rise target" of 1.5 degrees Celsius.  The Court reasoned, however, that the government appropriately exercised policy making discretion afforded by the Act, explaining that the current Plan is only an initial step in achieving targets for transitioning to a low-carbon, climate resilient, and environmentally sustainable economy by 2050, and will be subject to review and revision.  The Court concluded that FEI had standing to bring rights-based claims, but rejected the argument that the government had violated Ireland's Constitution and commitments under the European Convention on Human Rights because the Plan is "but one, albeit extremely important, piece of the jigsaw." 

On November 22, 2019, FEI appealed the ruling to the Court of Appeal. FEI also submitted an application to leapfrog the traditional appeal route and go directly to the Supreme Court.  On February 13, 2020 the Supreme Court agreed to hear the case, determining that exceptional circumstances warranted direct appeal.  The Court explained that, "[t]he applicant and the respondents accept that there exists a degree of urgency in respect of the adoption of remedial environmental measures.  There is no dispute between the parties as to the science underpinning the Plan and the likely increase in greenhouse emissions over the lifetime of the Plan."

On July 31, 2020, the Supreme Court reversed the lower court and issued a ruling quashing the National Mitigation Plan (2017) under the Climate Action and Low Carbon Development Act 2015. The Court determined that the Plan fell short of the sort of specificity that the Act required because a reasonable reader of the Plan would not understand how Ireland would achieve its 2050 goals. The Court explained that "a compliant plan must be sufficiently specific as to policy over the whole period to 2050." The Court emphasized transparency and public participation as statutory goals, noting the public must be able to assess and critique the government’s plan effectively. The Court rejected the Government’s argument that the Plan was a purely political or policy document and therefore non-justiciable. Since the Plan was adopted under legislation, the Court held it was subject to judicial review to ensure compliance with statutory obligations. The Court applied a standard based on statutory compliance, emphasizing that while policy choices fall within government discretion, they must still comply with legal obligations. It reaffirmed the importance of specificity and coherence in plans adopted under statute.

The Court found that Friends of the Irish Environment had standing to challenge the Plan, given the importance of the environmental rights at stake and FIE’s role as an environmental watchdog.

The Court also concluded that FIE had not made a compelling enough case for identifying an unenumerated right to a healthy environment, separate from the rights expressly conferred by the Irish Constitution, "[w]hile not ruling out the possibility that constitutional rights and obligations may well be engaged in the environmental field in an appropriate case." The Court declined to rule on the constitutional or ECHR rights arguments (right to life, bodily integrity, etc.). Since the Plan was already found ultra vires, there was no need to resolve the broader constitutional or human rights questions in this case.

Friends of the Irish Environment v. Ireland

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Friends of the Irish Environment v. Ireland - opinion

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

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.

Actions or measures to adapt terrestrial systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

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

Actions to reduce emissions in energy generation and supply.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

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 whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

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

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

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

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

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.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

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.

Friends of the Irish Environment v. Ireland - opinion

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance