Courts / Wexford / Report
State's decision to remove protections for pearl mussel is quashed
Summary
In a High Court case, environmental activist Peter Sweetman successfully challenged the State's decision to remove protections for the freshwater pearl mussel from the Munster Blackwater Special Area of Conservation. Sweetman sought to quash any legislation or administrative act that would remove the species as a "qualifying interest" and also to invalidate the 2018 EU Environmental Objectives (Freshwater Pearl Mussel Amendment) Regulations issued by the Minister for Culture, Heritage and the Gaeltacht. He argued that the regulations breached EU directives, including the Habitats Directive, by eliminating obligations such as setting ecological quality objectives for the entire Blackwater river, enforcing emission limits for discharges, and investigating pressure sources on the mussels. The court granted Sweetman permission to proceed, agreed to quash the statutory instrument on the basis of a breach of the Strategic Environmental Assessment Directive, and ordered the State to pay his legal costs. The orders were formally perfected by Mr Justice Charles Meenan.
Who, what, where, when and why
What: Report matter: State's decision to remove protections for pearl mussel is quashed. Procedural stage: hearing_or_decision
When:
- September 2018 Other
- 2020-04-02 Publication
Case subjects
Applicant
Places mentioned
- High Court
- Attorney General. The High Court
Topics
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