Climate Litigation: Experience

  • Barranafaddock Wind Farm on the defence of s.160 injunction proceedings alleging breach of planning conditions (High Court, Court of Appeal and Supreme Court).
  • Ballycumber Wind Farm in injunction proceedings against objectors seeking to obstruct the construction of the wind farm and in the defence of related trespass proceedings.  We are also acting for the company which is a notice party in related judicial review proceedings.
  • The developer of Kilronan Wind Farm in relation to its planning regularisation strategy following the adverse decision of the High Court relative to the status of its grid connection.
  • Knockacummer Wind Farm in its judicial review challenge seeking to overturn a Section 5 determination by An Bord Pleanála relating to its grid connection.
  • Multinational retailers and pharmaceutical companies on the taking and defence of nuisance proceedings relative to noise and air pollution.
  • Element Power in judicial review proceedings brought by an objector against a decision made by An Bord Pleanála to designate North Meath Windfarm SID under the Planning Acts and the subsequent judicial review challenge against An Bord Pleanála's refusal of planning permission.
  • ESB/Bord na Móna in successfully obtaining SID planning permission representing their JV company at the oral hearing held by An Bord Pleanála in relation to the 172MW Oweninny windfarm. We subsequently successfully defended two judicial reviews.
  • Irish Water on the Greater Dublin Drainage Scheme Strategic Infrastructure Development (SID) planning application to an Bord Pleanála, which included a 13.7km orbital sewer, 500,000 PE waste water treatment plant, marine outfall (5.4km on land, 5.9km undersea) and a separate waste facility, with issues of Environmental Impact Assessment (EIA) and Appropriate Assessment (AA) arising. JR challenge taken.