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Legal actions brought by An Taisce and others over the manner
in which consents were granted for the Corrib gas project
have been settled and withdrawn at the High Court after an
11-day hearing - the costs of the actions are expected to
exceed €1 million.
The settlements include an agreement by the State to properly
transpose aspects of the European Environmental Impact Assessment
Directive by the end of this year.
An Taisce said in a statement afterwards that the manner
in which the project was consented to and constructed was
“a travesty” of European environmental law and its action
was about “breaking bad precedents”.
The settlement represented “a victory for the environment”
and achieving with greater certainty the opportunity for good
precedents, An Taisce chairman Charles Stanley Smith said.
An Taisce was not against the proper development of the Corrib
field - the issue was that development must be done in accordance
with the law, he said.
In a statement to the court, the State defendants acknowledged
An Taisce’s case was properly brought and said, in view of
the concerns raised, the State would establish an Environmental
law Implementation Group through which it would formally engage
with An Taisce.
The State also acknowledged, in light of the decision of
the European Court of Justice in proceedings by the European
Commission v Ireland, that Ireland had failed to properly
transpose certain aspects of the Environmental Impact Assessment
Directive. It was intended all necessary transposition measures
would be taken by the end of this year, it added.
While acknowledging the failures of transposition, the State
said it was maintaining its claims that the consents challenged
in the legal actions, including a foreshore licence, were
valid and were granted “only after all necessary environmental
assessment under Irish and EU law”. The State would also make
a contribution to the legal costs incurred by An Taisce, it
said.
Mr Justice Peter Charleton was told that the actions by An
Taisce - and a separate action by local residents Peter Sweetman
and Monica Muiller - were being withdrawn. The cases, brought
against various State parties with Shell EP Ireland and Mayo
Co Council as notice parties, had been at hearing for eleven
days before the judge prior to the development.
Mr Sweetman and Ms Muller, Rossport South, Ballina, Co Mayo,
own land 500m south of the proposed pipeline and they - and
An Taisce - challenged An Bord Pleanala’s decision last January
granting permission to Shell E&P Ireland for its third
proposed route for the pipeline. No details of the settlement
of the Sweetman/Muller case were disclosed.
It was claimed the proposed pipeline traverses several areas
of special interest in Co Mayo governed by the EU habitats
directives. Among the claims was the Bord had failed to assess,
as it was required to do, the impact of the development on
the conservation of natural habitats and of wild fauna and
flora.
The same parties also challenged consents for the construction
of sections of the pipeline issued by former energy minister
Pat Carey and Minister for the Environment Phil Hogan. An
Taisce also challenged the granting of a foreshore licence
by Mr Hogan earlier this year.
In his statement, Mr Stanley Smith said An Taisce maintained
its position that the manner in which the Corrib gas project
was consented to was a travesty of European environmental
law and that was why it had brought the case.
Rather than pursue the cases in open court, the State had
proposed a settlement to An Taisce, he said. At the heart
of the settlement was a commitment from government to complete
outstanding legislative transposition and to engage directly
with An Taisce to address compliance with European environmental
law.
The critical objective for An Taisce was to ensure what had
happened with the Corrib project could never happen again
and the settlement provided for an opportunity to engage “to
do just that”, he said. In settling the case, An Taisce had
seized the opportunity to work with the State to ensure all
development was done in accordance with law, he added.
Source - The Irish Times
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