EU Court judgement on Shannon LNG terminal 'far reaching'

Supporters of Friends of the Irish Environment pictured at the Four Courts. Pic: Paddy Cummins/IrishPhotodesk.ie

The European Court of Justice has advised the Irish High Court that the 2018 extension by An Bord Pleanála to the 2008 planning permission for the construction of the controversial Shannon Liquefied Natural Gas (LNG) terminal must be considered as a new permit for the purposes of the Habitats Directive and must be subject to a new assessment under the Habitats Directive.

The proposed €500m gas terminal on the south bank of the River Shannon estuary in Ballylongford, Co. Kerry has been opposed by environmental groups who say the terminal will mean the importation of fracked gas from the US, despite fracking being banned in the State. 

The environmental assessment of extensions of the time limit for projects can take into account the results of earlier assessments according to the ruling by the EU Court, but they will still have to check for changes in the environment and whether there have been any relevant changes in scientific knowledge. 

Such changes could include more up-to-date surveys, changes to the project and the possible impact of other plans and projects under the Habitats Directive.

The Judgment came after a Reference to the European Court of Justice by the Irish High Court in March 2019. References to the European Court of Justice seek clarification of cases before national courts where a question of EU law arises.

The case will now reopen in the Irish High Court for it to apply the interpretation.

According to Friends of the Irish Environment, who first brought the action to the Irish court in February 2019; “The Judgment is a welcome development of the European Court’s previous jurisprudence and has far-reaching implications for other major projects across Europe which will ensure greater protection for the environment.”