Harrington -v- The Environmental Protection Agency [2014] IEHC 307 (30 May 2014)

Harrington -v- The Environmental Protection Agency [2014] IEHC 307 (30 May 2014)

The proceedings are out of time for challenging the legal status of the 2007 IPPC licence; the quashing of the 2013 revised licence rendered it void ab initio, and the 2007 licence revived and continued in force; any challenge to the 2007 licence is an impermissible collateral attack and is out of time; the EPA was not required to provide reasons or public consultation for the 6 January 2014 amendment, but did so in any event; there was no breach of fair procedures or legitimate expectation; and there was no error on the face of the record or requirement for environmental or appropriate assessment for the amendment.

Citation
[2014] IEHC 307
Parties
Applicant: Martin Harrington; Respondent: The Environmental Protection Agency; Notice Party: Shell E & P (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
30 May 2014
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application dismissed
Legal Topics
Integrated Pollution Prevention and Control (ippc) Licensing, Industrial Emissions Directive Compliance, Environmental Impact Assessment, Habitats Directive, Statutory Interpretation, Procedural Time Limits, Collateral Attack, Fair Procedures, Legitimate Expectation
Administrative Law Environmental Law Judicial Review Integrated Pollution Prevention and Control (ippc) Licensing Industrial Emissions Directive Compliance Environmental Impact Assessment Habitats Directive Statutory Interpretation +4 more

Case Brief

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Parties

Martin Harrington

Applicant

The Environmental Protection Agency

Respondent

Shell E & P (Ireland) Limited

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the EPA could amend the 2007 IPPC licence after the revised 2013 licence was quashed
  2. 2 Whether the 2007 IPPC licence revived upon quashing of the 2013 licence
  3. 3 Whether the proceedings were out of time

Ratio Decidendi

The proceedings are out of time for challenging the legal status of the 2007 IPPC licence; the quashing of the 2013 revised licence rendered it void ab initio, and the 2007 licence revived and continued in force; any challenge to the 2007 licence is an impermissible collateral attack and is out of time; the EPA was not required to provide reasons or public consultation for the 6 January 2014 amendment, but did so in any event; there was no breach of fair procedures or legitimate expectation; and there was no error on the face of the record or requirement for environmental or appropriate assessment for the amendment.

Court Disposition

Application dismissed

Orders

  • Application for certiorari refused
  • All reliefs sought by the applicant refused