Courts / Cork / Report

Environmental NGO wants legal aid for 'Project Ireland' action

Date
2019-03-27
Stage
Hearing Or Decision
Primary locality
Cork
County
Cork

Summary

In March 2019 the Friends of the Irish Environment CLG, an environmental NGO, filed a High Court challenge in 2018 against the Government's 'Project Ireland 2040' National Development Plan and National Planning Framework. The NGO, represented by John Kenny BL and solicitor Fred Logue, argued that the State had failed to properly assess climate‑change impacts. To fund its complex EU environmental law case the NGO applied for legal aid from the Legal Aid Board, but the Board refused, citing that the NGO is not a natural person and is acting on behalf of others. The NGO contends the refusal is unlawful, claiming it is not acting for third parties and that the decision creates an inequality of arms. It seeks an order quashing the Board's refusal, declarations that the Board erred in law, and that the refusal breaches the Irish Constitution, the EU Charter of Fundamental Rights and the Aarhus Convention.

Who, what, where, when and why

What: Report matter: Environmental NGO wants legal aid for 'Project Ireland' action. Procedural stage: hearing_or_decision

When:

Why: In order to fund what the NGO says is a complex, detailed and important action raising aspects of EU Environmental law, it applied to the Legal Aid Board for funding to allow it argue the case before the courts against the government. CNI source report

Case subjects

Environment Clg

Applicant

Outcome: Those proceedings, where the NGO claims the Irish government has not properly assessed those plans in regards to issues regarding climate change, currently stand adjourned.

Environmental Ngo

Applicant

Outcome: Those proceedings, where the NGO claims the Irish government has not properly assessed those plans in regards to issues regarding climate change, currently stand adjourned.

Fred Logue

Applicant

Outcome: Those proceedings, where the NGO claims the Irish government has not properly assessed those plans in regards to issues regarding climate change, currently stand adjourned.

Project Ireland

Defendant

Outcome: Those proceedings, where the NGO claims the Irish government has not properly assessed those plans in regards to issues regarding climate change, currently stand adjourned.

Places mentioned

Court Venue
  • High Court
Residence

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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