O'Connell v. The Environmental Protection Agency [2003] IESC 14 (21 February 2003)

O'Connell v. The Environmental Protection Agency [2003] IESC 14 (21 February 2003)

Section 98 of the Environmental Protection Agency Act, 1992, does not prevent planning authorities or An Bord Pleanála from considering environmental pollution when deciding whether to require an EIS. The statutory scheme assigns the function of requiring and evaluating an EIS to the planning authority and Board, not the Agency. There was no failure to transpose the EU directives, and the Agency complied with its obligations regarding habitats.

Citation
[2003] IESC 14
Parties
Applicant: Collette O'Connell; Respondent: The Environmental Protection Agency; Notice Party: Dungarvan Energy Limited; Notice Party: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
21 February 2003
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Integrated Pollution Control Licence, Transposition of EU Directives, Planning Permission, Judicial Review
Environmental Law Administrative Law European Union Law Environmental Impact Assessment Integrated Pollution Control Licence Transposition of EU Directives Planning Permission Judicial Review

Case Brief

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Parties

Collette O'Connell

Applicant

The Environmental Protection Agency

Respondent

Dungarvan Energy Limited

Notice Party

Ireland and the Attorney General

Notice Party

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether section 98 of the Environmental Protection Agency Act, 1992 precluded planning authorities or An Bord Pleanála from considering environmental pollution when deciding whether to require an Environmental Impact Statement (EIS)
  2. 2 Whether the Agency had power to require an EIS
  3. 3 Whether Ireland failed to properly transpose EU directives on Environmental Impact Assessment

Ratio Decidendi

Section 98 of the Environmental Protection Agency Act, 1992, does not prevent planning authorities or An Bord Pleanála from considering environmental pollution when deciding whether to require an EIS. The statutory scheme assigns the function of requiring and evaluating an EIS to the planning authority and Board, not the Agency. There was no failure to transpose the EU directives, and the Agency complied with its obligations regarding habitats.

Court Disposition

Appeal dismissed

Orders

  • Application for judicial review refused
  • No order as to costs specified in the judgment