Courts / Ireland / Report

Environmental group launches challenge to industrial peat extraction

Summary

The Friends of the Irish Environment has launched a High Court challenge against the Environment Protection Agency (EPA) regarding its decision to accept an application for an integrated Pollution Control licence. The applicant seeks to quash the EPA's October decision to accept the application submitted by Harte Peat Ltd, which is a notice party in the proceedings. Harte Peat Ltd is seeking a licence for ongoing industrial peat extraction at Finea in County Westmeath. The NGO alleges that the EPA's acceptance of the application was contrary to various sections of the 1992 EPA Act and constitutes an error in law. The challenge further asserts that the decision violates the European Union's Habitats Directive and the directive on Environmental Impact Assessments. The NGO claims the proposed extraction covers an area exceeding 30 hectares and that the EPA relied on regulations previously set aside by the High Court. In a landmark judgment last September, Mr Justice Garrett Simons ruled that peat cannot be extracted from areas larger than 30 hectares without planning permission, finding the relevant regulations inconsistent with EU environmental laws. The NGO seeks orders compelling the EPA to cease processing the application and a declaration that the EPA acted contrary to the 1992 EPA Act by accepting the application without planning permission. Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Charles Meenan. The matter was adjourned and will return before the court in two months.

Who, what, where, when and why

What: Report matter: Environmental group launches challenge to industrial peat extraction. Procedural stage: hearing_or_decision

When:

• 2020-01-23 Publication

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Stage Hearing Or Decision

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