High Court dismisses challenge to Limerick plant over chicken manure concerns

Mr Justice Conleth Bradley dismissed the action in respect of the EPA's decision in February 2019 to grant a licence to a business facility that rears 74,000 'broiler' chickens.

The High Court has dismissed a challenge brought over the Environmental Protection Agency's decision to grant an industrial Emissions Licence to a chicken rearing plant in Co Limerick.

Mr Justice Conleth Bradley dismissed the action by environmental activist Peter Sweetman in respect of the EPA's decision in February 2019 to grant the licence to Mr Michael Noel O'Connor to operate a facility that rears 74,000 'broiler' chickens at Rathcahill West, Templeglantine, Newcastlewest, Co Limerick.

A key issue in the case, the judge said, was Mr Sweetman's concerns about the disposal of manure, from the intensive rearing of chickens that are used for meat, from the facility.

Mr Sweetman's lawyers had argued that the EPA's decision was flawed, on grounds including that the disposal of the manure had not been properly assessed and should be set aside.

The EPA, it was claimed, had the power to do this, but had failed to do so.

It was argued that the EPA failed to consider relevant matters, lacked jurisdiction to make the decision and failed to properly take into account the EU Habitats, Waste Water and Environmental Impact Directives when it decided to award the licence.

The litter is cleared from the sheds every six to eight weeks when straw bedding is removed and the shed floors are washed down with water.

Most of the litter is mostly spread on land, while some of it is used as compost at a mushroom facility.

The EPA, it was claimed, did not know where the location of the land where the litter is being spread.

He also sought various declarations including that EPA erred in law and acted contrary to the EU Directive on waste by failing to quantify or make provision for the proper management of waste from the operation.

EPA response

The EPA opposed the action and rejected all of the claims against it.

It said it had taken all relevant matters into consideration when assessing Mr O'Connor's application and rejected claims that the decision was flawed.

Mr O'Connor, who did not take part in the hearing, was a notice party to the proceedings.

In his ruling Mr Justice Bradley said he was satisfied that the EPA had not acted outside of its regulatory powers by failing to assess, authorise and regulate the final use or disposal of the chicken manure and water washings from the facility.

The EPA he added was correct in its decision to award the licence to Mr O'Connor. The EPA he added had correctly defined the ambit of its statutory and regulatory powers as well as under its jurisdiction under the 1992 EPA Act.

In all the circumstances the judge said he was satisfied to dismiss the action.