An Taisce loses fight to take nuclear case to EU

An Taisce has lost a fight to take its case over a new nuclear power station on the west coast of England to Europe.

The national watchdog contested the legality of a March 2013 decision by the Energy Secretary to grant development consent for the Hinkley Point project in Somerset, around 240km from Ireland.

Its lawyers said there was a failure to undertake “transboundary consultation” with the Irish people beforehand, as required by the European Commission’s environmental impact assessment directive.

At a recent judicial review hearing in London before three appeal judges, counsel David Wolfe said the court was required to consider the way in which the Secretary of State dealt with the potential for significant nuclear accidents.

The British government argued that transboundary consultation was not necessary because nuclear accidents were not sufficiently likely due to the robustness of their regulatory regime.

Mr Wolfe told the court the matter should be referred to the Court of Justice of the European Union. However, Lady Justice Gloster yesterday dismissed the application.