Environmental Impact Assessments, Licences, Permits, Prevention, Air pollution, Evidence

In this case, the plaintiff challenged the decision taken by the An Bord Plenála (the Irish special planning authority) to grant a permit for the development of a waste management and incinerator facility in Duleek.

The plaintiff claimed that the division of the role between An Bord Plenála and the Environmental Protection Agency with regard to the environmental impact assessment had for result that no integrated environmental impact assessment (EIA) could be taken into account while taking a decision. Indeed, the plaintiff considered that the fact that two EIAs on different points were being conducted by two different authorities does not allow to have an overview of the environmental impact of the project and is consequently not in line with the EU directive on EIA.

The Supreme Court did not accept the argumentation of the plaintiff and dismissed his appeal on the basis that the division of the EIA between two administrative bodies was not violating the EU directive on EIA as in the end, since those two EIAs have to take place at the start and they complement each other.