Salmon Watch Ireland CLG v Aquaculture Licences Appeals Board & Ors (Approved) [2023] IEHC 129 (16 March 2023)

Salmon Watch Ireland CLG v Aquaculture Licences Appeals Board & Ors (Approved) [2023] IEHC 129 (16 March 2023)

The court finds that there is a genuine and material conflict of expert opinion on affidavit regarding the methodology for assessing compliance with the DIN EQS and the application of worst-case scenario modelling. Resolution of this conflict is necessary for the proper disposition of the judicial review. Accordingly, leave to cross-examine the expert deponents is granted.

Citation
[2023] IEHC 129
Parties
Applicant: Salmon Watch; First Respondent: Aquaculture Licences Appeals Board (ALAB); First Notice Party: MOWI
Jurisdiction
Ireland
Judgment Date
16 March 2023
Procedural Posture
Judicial Review / Interlocutory Application for Leave to Cross Examine Expert Deponents
Outcome
Leave to cross-examine expert deponents granted
Legal Topics
Water Framework Directive, Aquaculture Licensing, Eutrophication, Expert Evidence, Cross Examination in Judicial Review
Environmental Law Administrative Law EU Law Water Framework Directive Aquaculture Licensing Eutrophication Expert Evidence Cross Examination in Judicial Review

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Parties

Salmon Watch

Applicant

Aquaculture Licences Appeals Board (ALAB)

First Respondent

MOWI

First Notice Party

Procedural Posture

Judicial Review / Interlocutory Application for Leave to Cross Examine Expert Deponents

Legal Issues

  1. 1 Whether ALAB erred in law regarding the likelihood of eutrophication by excessive nitrogen enrichment in Bantry Bay
  2. 2 Whether Salmon Watch should have leave to cross-examine expert deponents on the issue of dissolved inorganic nitrogen (DIN) and compliance with the Water Framework Directive

Ratio Decidendi

The court finds that there is a genuine and material conflict of expert opinion on affidavit regarding the methodology for assessing compliance with the DIN EQS and the application of worst-case scenario modelling. Resolution of this conflict is necessary for the proper disposition of the judicial review. Accordingly, leave to cross-examine the expert deponents is granted.

Court Disposition

Leave to cross-examine expert deponents granted

Orders

  • Applicant Salmon Watch granted leave to cross-examine Dr Ciar O'Toole (ALAB) and Dr Neil Bass (MOWI) on their affidavits regarding DIN and compliance with the Water Framework Directive