Courts / Roscommon / Report

Environmental group successfully resolves challenge to flood relief scheme

Date
2022-03-23

Stage
Hearing Or Decision

Primary locality
Roscommon

Summary

An environmental group has successfully resolved a High Court challenge to a County Roscommon flood relief scheme. Friends of the Irish Environment (FIE) brought judicial review proceedings against Roscommon County Council and the State, contesting the council's October 2021 decision to approve an emergency scheme involving a three-kilometre pipeline to transfer water from Lough Funshinagh to Lough Ree. FIE argued the project breached EU environmental law and lacked necessary environmental assessments. On Wednesday before Mr Justice Garrett Simons, the council consented to orders quashing its original approval decision. The court heard that constructed pipeline sections and associated infrastructure cannot be used without High Court permission, and remedial works on affected lands must proceed as agreed. The council has undertaken to pay FIE's legal costs. The judge noted there were significant difficulties with the council's decision and commended both legal teams for resolving the matter. No order on costs was made regarding the State respondents.