Litigation & Access to Justice

Going to court is a very powerful weapon in seeking to have environmental law upheld. Unfortunately many barriers remain to accessing justice.

22nd August 2011

OLIVIA KELLY and MARIE O'HALLORAN Irish Times Monday 22nd August 2011

THE OWNERS of the former Bewley’s Cafe on Westmoreland Street in Dublin are facing legal action following damage to valuable stained-glass windows believed to be the work of the father of artist Harry Clarke.

16th June 2011

The European Commission has today announced a further step in legal proceedings against Ireland by delivering a formal request to take urgent and concerted action to protect Ireland’s peat bogs.

26th May 2011

In a Departmental letter issued on Feb 25th 2011, as Minister for DCENR Pat Carey was losing his seat during the polling in the General election; it was indicated that the Minister was granting consent to the new Section 40 (Gas Act 1976 as amended) and Plan of Development (Petroleum and Other Minerals Development Act 1960) consents applied for by Shell E & P Ireland limited for the Corrib Pipeline development.

Just this week, An Taisce The National Trust for Ireland, was granted leave by Mr Justice Peart in the High Court to pursue a Judicial Review of these decisions.

28th April 2011

Charles Stanley-Smith Chair of An Taisce, the National Trust for Ireland was deeply critical of calls by the ESRI's John FitzGerald for Corrib gas to come on-stream in order to address energy security for Ireland. He indicated that the ESRI's John FitzGerald acknowledged lack of familiarity with the Corrib gas controversy (as stated on an interview this morning on RTE radio's Morning Ireland) was evidenced in the naivety of his 'research' paper's proposition that Corrib Gas would contribute to Ireland's energy security.

25th March 2011

An Taisce’s chairman Charles Stanley Smith said today “We are unhappy that such a decision has been made before the judicial review process of the An Bord Pleanála granting of permission has been completed, however this decision does not affect our case.

Though there are 26 conditions in the MLVC (Marine Licence Vetting Committee) report, we have asked the Minister if these are the conditions that have been attached to this decision to grant the foreshore licence and until we examine these in detail we cannot make a full comment on the impact of this decision.

16th February 2011

The European Commission has today announced that it will be returning to the Courts seeking fines against Ireland for not adopting legislation to protect our countryside heritage. The Irish government will have to pay €26 million to start with, followed by a daily penalty of more than €33,000 per day. Fines are being sought because Ireland has not yet complied with a ruling delivered in November 2008 which found that the thresholds applied here for undertaking Environmental Impact Assessments were too high and do not take account of sensitive environments.

27th January 2011

Further to the decision by An Bord Pleanála to grant permission to the latest Corrib gas pipeline application , the Chair of An Taisce, Charles Stanley-Smith in commenting on the decision stated: “ An Taisce was very disappointed with An Bord Pleanála’s decision. An Taisce considers that the implications of this decision go far beyond the Corrib gas pipeline and have major repercussions for the status of implementation of European Directives in Ireland. In this instance An Taisce has concerns both in relation to Irish and European Law”

20th January 2011

An Taisce contends that the decision by An Bord Pleanála to grant permission to the latest Corrib gas pipeline application is fundamentally legally flawed on a number of grounds. Chair of An Taisce Charles Stanley-Smith in commenting on the decision stated:

12th August 2009

LORNA SIGGINS, Western Correspondent

AN TAISCE has warned of “irreparable damage” to one of Galway’s most historic quarters, following a decision to grant Allied Irish Banks (AIB) permission to redevelop part of Lynch’s Castle. An Taisce’s Galway branch is to appeal the plan, which involves demolition of later additions to the medieval building on the corner of Abbeygate Street and construction of a new three-storey building from the castle’s northwest wall.

19th June 2013

An Taisce’s legal challenge to a consent granted by Westmeath County Council for a residential development on the lands of Charlestown Stud was brought to a successful conclusion this morning, when lawyers acting for both sides confirmed to the President of the High Court, Mr Justice Kearns, that the Council had agreed to the quashing of the consent and that the matter was to revert to the Council to make a new decision.

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