Key Cases

Key cases include:

Friends of the Irish Environment CLG v An Bord Pleanála and Shannon LNG [2019] IEHC 80
Planning and development – strategic infrastructure – liquefied natural gas terminal – extension of duration of planning permission – Habitats Directive – whether mere temporal change requires appropriate assessment – preliminary reference to the Court of Justice of the European Union. (High Court)

Irish Raptor Study Group and Ireland PRE/ACCC/C/2019/164
Aarhus Convention Compliance Committee – Contravention of Aarhus Convention – Environmental Impact Assessment – publication of location of breeding sites of rare species during public participation (UNECE)

Pepper Finance Corporation (Ireland) DAC v Brian and Christina Cannon [2019] IESCDET 5
Circuit Appeal – mortgage repossession – Unfair Terms in Consumer Contracts Directive – whether there is an appeal directly to the Supreme Court – the criteria to be taken into account when deciding to extend time to appeal where there is an arguable case but no bona fide intention to appeal and mistake as to time (Supreme Court Determination)

Right to Know v An Taoiseach and anor [2018] IEHC 372
Access to environmental information – access to cabinet discussions of Ireland’s greenhouse gas emissions -whether constitutional protection of cabinet discussions is subject to public interest balancing test (High Court)

Michael Grange v Information Commissioner and anor [2018] IEHC 108.
FOI – whether request was frivolous or vexatious – election observer rosters (High Court)

Friends of the Irish Environment v Fingal Co Co and others [2017] IEHC 695
Challenge to extension of planning permission for new runway at Dublin Airport – EIA and Habitats Directives – Climate Action and Low Carbon Development Act 2015 – Identification of an unenumerated constitutional right to a healthy environment (High Court)

Stephen Minch v Commissioner for Environmental Information and anor [2016] IEHC 91, [2017] IECA 223.
Access to environmental information – definition of environmental information – National Broadband Plan (High Court, Court of Appeal)

Minister for Communications v Information Commissioner and others [2017] IEHC 222, [2019] IECA 68, [2019] IESCDET 179
FOI – Commercially sensitive information – confidentiality between public body and service provider – Information Commissioner’s margin of discretion in determining the public interest balance – Concession contract for operation of state-owned telecommunications infrastructure (High Court, Court of Appeal, Supreme Court Determination)

Right to Know and Ireland ACCC/C/2016/141
Aarhus Convention Compliance Committee – Contravention of Aarhus Convention – delays in administrative review by Commissioner for Environmental Information (UNECE)