Friends of the Irish Environment has secured costs protection in its High Court challenge to a wastewater connection agreement for a motorway service station at Kilbreckan, Doora, Ennis.
The environmental group is seeking to quash an agreement made between Uisce Éireann and developer Pat McDonagh on 20 May 2025. The agreement concerns connection of the service station to the Ennis wastewater network, with wastewater ultimately intended for treatment at the Clareabbey wastewater treatment plant.
The present ruling does not decide whether that agreement is lawful. It concerns whether Friends of the Irish Environment qualifies for the special costs regime available in certain environmental cases under the Environment (Miscellaneous Provisions) Act 2011.
The group argues that Clareabbey is already overloaded and that further wastewater could increase untreated or inadequately treated discharges to the River Fergus. It relied on expert evidence alleging frequent storm-water overflows and risks to water quality in the river and estuary.
Pat McDonagh opposed costs protection. His central argument was that the connection agreement itself does not authorise discharge of trade effluent. A separate trade effluent discharge-to-sewer licence is still required before wastewater can enter the network.
Mr Justice David Holland rejected that distinction for the purposes of the costs application. He held that the relevant legal question was causation, not simply which document formally authorises discharge.
The judge found that the connection agreement was sufficiently linked to the future discharge of wastewater to support an arguable case that it could contribute to environmental damage. He also found that the proceedings seek to enforce statutory requirements governing Uisce Éireann’s wastewater functions.
The court therefore declared that sections 3 and 4 of the 2011 Act apply, meaning Friends of the Irish Environment is costs protected. The judge provisionally indicated that the group should recover the costs of the motion from Mr McDonagh alone.
The underlying judicial review, including whether the connection agreement is legally valid, remains to be determined.