Friends of Irish Environment bring High Court challenge against Shannon LNG permission
High Court
action seeking to quash
An Bord Pleanála
's (ABP) decision to grant planning permission for a liquefied natural gas (
LNG
) terminal in north
Co Kerry
.
The planning authority in March granted permission to Shannon LNG for the proposed development of a 600-megawatt power plant on a 255-hectare (630-acre) site between Tarbert and Ballylongford on the Shannon estuary.
On Monday, Mr Justice Richard Humphreys gave permission to John Kenny, appearing for Friends of the Irish Environment (FIE) and instructed by FP Logue solicitors, to bring judicial review proceedings against ABP, Ireland, the Attorney General and the Minister for Housing. Shannon LNG is a notice party in the action.
Last September, following proceedings brought by Shannon LNG, Mr Justice Humphreys overturned the board's refusal of planning permission for the proposed power station. In its reviewed decision, the board said it was satisfied that the plant was consistent with national climate ambitions.
READ MORE
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Why are environment activists so divided on the issue of liquefied natural gas?
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In its court documents, FIE claims ABP breached Irish and European law in granting permission for the proposed development.
FIE claims ABP failed to adequately consider statutory carbon budgets and sectoral emissions ceilings set out in the Government's Climate Action Plan 2024 in its decision, and its related obligations under the Climate Action and Low Carbon Development Act 2015.
FIE says the board did not engage on how the proposed development was consistent with carbon budgets and sectoral emissions ceilings, other than to justify the granted permission because of Government policy support for constructing gas-fired power stations deemed necessary for achieving the target of a 50 per cent reduction in carbon emissions by 2030.
FIE says the calculated greenhouse gas emissions arising from the proposed development is 'manifestly incorrect and significantly underestimated' in an environmental impact assessment report submitted to the board by the developer.
Based on these 'underestimated' calculations, the proposed development will account for one third of all budgeted emissions – based on limits set out in 2024 Climate Action Plan – from the entire electricity sector in 2030, FIE claims.
FIE also says the board was wrong to find the proposed development constitutes a sustainable development, and its decision to grant permission is invalid as it constitutes a material contravention of the Kerry County Development Plan 2022-2028 and Listowel Municipal District Local Area Plan 2020-2026.
FIE says ABP breached obligations under the European Union's environmental impact assessment directive.
The environmental group claims the board could not and did not make a valid decision on the impact of proposed development under the EU's Habitats Directive.
The case returns to court in two weeks.
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