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NGO in Supreme Court bid over government's climate plan

Summary

The Friends of the Irish Environment CLG has lodged an appeal against the High Court's dismissal of its judicial review challenge to the Government's National Mitigation Plan. The NGO seeks to have the appeal leapfrogged directly to the Supreme Court. In September, Mr Justice Michael MacGrath dismissed the proceedings, ruling that the government must be afforded broad discretion in adopting plans under the Climate Act and that the court could not interfere based on the separation of powers. The NGO alleged the plan, published in July 2017, was flawed and failed to specify urgent measures to reduce greenhouse emissions or manage risks such as flooding and ecological destruction. It sought to quash the government's approval of the plan and direct the production of a more robust strategy. The State respondents opposed the action, arguing the National Mitigation Plan was not justiciable and that the NGO was impermissibly advancing a prescribed policy while seeking to impose a positive obligation on the State. The matter is currently at the appeal stage, with the NGO requesting the Supreme Court to hear the case directly rather than through the Court of Appeal.

Who, what, where, when and why

What: Report matter: NGO in Supreme Court bid over government's climate plan. Procedural stage: appeal

When:

• July 2017 Other
• 2019-11-22 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report