Harrington v The Environmental Protection Agency & ors (Unapproved) [2020] IECA 84 (06 April 2020)

Harrington v The Environmental Protection Agency & ors (Unapproved) [2020] IECA 84 (06 April 2020)

There is no legal requirement for a single integrated EIA under Directive 2011/92/EU; the EPA lawfully conducted the EIA and provided adequate reasons; the EPA licence had not expired as the statutory conditions for cessation were not met; the applicant failed to establish any defect in the EIA or in the transposition of the Directive.

Citation
[2020] IECA 84
Parties
Applicant/appellant: Maura Harrington; First Respondent: The Environmental Protection Agency; Second Respondent: Ireland; Third Respondent: The Attorney General; Notice Party: Vermillion Exploration and Production Ireland Limited; Notice Party: Shell E&P (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
06 April 2020
Procedural Posture
Judicial Review Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Judicial Review, Transposition of EU Directives, Industrial Emissions Licensing
Environmental Law Administrative Law EU Law Environmental Impact Assessment Judicial Review Transposition of EU Directives Industrial Emissions Licensing

Case Brief

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Parties

Maura Harrington

Applicant/appellant

The Environmental Protection Agency

First Respondent

Ireland

Second Respondent

The Attorney General

Third Respondent

Vermillion Exploration and Production Ireland Limited

Notice Party

Shell E&P (Ireland) Limited

Notice Party

Procedural Posture

Judicial Review Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether an Environmental Impact Assessment (EIA) was carried out in accordance with Directive 2011/92/EU and domestic law
  2. 2 Whether the EIA must be a single integrated assessment
  3. 3 Whether the EPA licence had expired due to non-commencement of activities within the statutory period

Ratio Decidendi

There is no legal requirement for a single integrated EIA under Directive 2011/92/EU; the EPA lawfully conducted the EIA and provided adequate reasons; the EPA licence had not expired as the statutory conditions for cessation were not met; the applicant failed to establish any defect in the EIA or in the transposition of the Directive.

Court Disposition

Appeal dismissed