Top court dismisses appeal in Shell case

The Supreme Court has dismissed an appeal by an environmentalist alleging Shell’s proposals for meeting the estimated €20m reinstatement costs of the Corrib gas terminal site, after the gas runs out, fail to comply with planning conditions.

Peter Sweetman initiated proceedings against Shell E & P Ireland in 2005.

In 2006, the High Court dismissed his case after finding there was “substantial compliance” by Shell.

Mr Sweetman lodged an appeal against the 2006 High Court findings but Shell argued the appeal was effectively rendered pointless due to a reinstatement agreement reached in 2011 between it and the council.

Giving the three-judge Supreme Court decision dismissing the apppeal, Ms Justice Elizabeth Dunne found it was moot “given that there is no longer any live controversy left between the parties”.

The judge was critical of Mr Sweetman’s failure to take steps to advance his appeal over eight years and said that he himself recognised that delay, particularly in proceedings where he initially sought orders to halt works on the terminal development, which would have involved huge financial costs, meant he faced an “uphill struggle”.