Press Release. Kathy Sinnott MEP, 3rd July 2008.

MEP Sinnott welcomes long awaited decision by ECJ
- of Irish Government's misinterpretation of EIA

MEP Sinnott welcomes long awaited decision by ECJ of Irish Government's misinterpretation of EIA

Kathy Sinnott, MEP for Ireland South, today welcomed the long awaited recognition from the EU Court that the Irish government's interpretation of the requirement for Environmental Impact Assessments and what constitutes them is faulty.

Case C-215/06 of the 3rd. July in the EU Court has found this misinterpretation was implicated in decisions like Derrybrien, Co. Galway. Mrs. Sinnott commented "This Court decision will require a rewriting of Ireland's planning legislation especially in relation to the widespread practice in Ireland of retention and in relation to the requirement to include qualitative information for example for soil stability, which is often overlooked in EIA/EIS today in Ireland. Although the Court did not rule on many of the individual examples of quarrying projects, sawmills, wind-farms, these examples were strong evidence of disregard for the environment by Irish planning as it has been practised. This judgement can now be used by community groups to challenge projects in their locality that they feel will be significantly damaging to their environment and in which they feel there has not been a proper assessment of the potential impact".

Continued Deputy Sinnott "This case may be too late for many communities whose environment has been damaged by over-quarrying, badly sited wind-farms, road projects and industries using toxic chemicals. This judgement, in finding against the Irish Authorities raises Questions of remediation and redress".

"However despite the uncertainties that surround completed projects, I am confident the judgement will be very important in protecting the communities and their environments in current and future planning applications".

For further information, questions or comments, please contact Kathy on:
Brussels office: +32 228 47692
Cork office: +353 21 4888 793
Email: kathy.sinnott@iol.ie
Website: www.kathysinnott.ie

-ENDS-

Note to Editor:
Kathy Sinnott is Vice President in Petitions Committee and host of many Irish environmental cases are waiting to be discussed for which this judgement has implications Kathy Sinnott is also a member of the Environment Committee The Court Judgement can be found here:
Judgement of the Court.

Related Articles:
Minister Gormley responds - to European Court of Justice Ruling on Case C-215/06.