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State in 'fundamental breach' of obligations on nitrate use, An Taisce claims

Summary

An Taisce has brought a High Court action against the State, claiming that the Fifth Nitrates Action Programme (NAP) breaches Ireland's fundamental obligations under EU law. The trust argues that the NAP's approval will damage Irish waterways and protected sites through excess nitrate pollution, and that it prevents compliance with the EU Nitrates Directive, which sets a mandatory limit of 170 kg of livestock manure nitrogen per hectare per year, with a derogation allowing up to 250 kg. An Taisce says the derogation was granted by the EU Commission earlier this year, but that the NAP's implementation is unlawful and invalid. The court is asked to quash the NAP, declare that the State has breached EU directives on habitats, water frameworks and strategic environmental assessments, and to refer the case to the Court of Justice of the European Union to review the derogation's validity.

Who, what, where, when and why

What: Report matter: State in 'fundamental breach' of obligations on nitrate use, An Taisce claims. Procedural stage: hearing_or_decision

When:

• 2022-07-20 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report