‘Far reaching’ EU Court ruling on Shannon LNG terminal welcomed

Press Release - Friends of the Irish Environment 9th Sept 2020

EU Court scuttles planned fracked gas terminal permission

‘Far reaching’ EU Court ruling on Shannon LNG terminal welcomed

The European Court of Justice has advised the Irish High Court that the 2018 extension by An Bord Pleanála to the 2008 planning permission for the construction of a proposed €500m fracked gas terminal on the south bank of the River Shannon estuary must be considered as a new permit for the purposes of the Habitats Directive and must be subject to a new Assessment under the Habitats Directive.

PRESS RELEASE - FRIENDS OF THE IRISH ENVIRONMENT - WEDNESDAY 9 SEPTEMBER 2020

EU Court scuttles planned fracked gas terminal permission

‘Far reaching’ EU Court ruling on Shannon LNG terminal welcomed

The European Court of Justice has advised the Irish High Court that the 2018 extension by An Bord Pleanála to the 2008 planning permission for the construction of a proposed €500m fracked gas terminal on the south bank of the River Shannon estuary must be considered as a new permit for the purposes of the Habitats Directive and must be subject to a new Assessment under the Habitats Directive.

The court went on to say that the environmental assessment of extensions of the time limit for projects can take into account the results of earlier assessments but will still have to check for changes in the environmental and whether there have been any relevant changes in scientific knowledge, e.g., more up-to-date surveys, changes to the project and the possible impact of other plans and projects under the Habitats Directive.

The Judgment came after a Reference to the European Court of Justice by Irish High Court Justice Garett Simons in March 2019. References to the European Court of Justice seek clarification of cases before national courts where a question of EU law arises. The case will now reopen in the Irish national court for it to apply the interpretation.

According to Friends of the Irish Environment, ‘the Judgment is a welcome development of the European Court’s previous jurisprudence and has far reaching implications for other major projects across Europe which will ensure greater protection for the environment’.

ENDS

FIE is represented by FP Logue, Solicitors. Barristers Mr John Kenny BL, Mr James Devlin SC

Contacts: Fred Logue +353 (0)1 531 3510 / Mobile 353 (0)87 1316023

Tony Lowes: +353 (0)87 2176316

Judgment:http://curia.europa.eu/juris/document/document.jsf?text=&docid=230785&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1190989