Case Study of ROI Environmental Cases

Facts:

The Friends of the Irish Environment (FIE) have challenged the National Mitigation Plan, which was published on the 19th of July 2017. This mitigation plan was approved by the Irish Government under Section 3 of the Climate Action and Low Carbon Development Act 2015. Section 3 of the 2015 Act states that the State shall reduce the extent of further global warming by no later than 2050 to achieve an environmentally sustainable climate.

However, the FIE stated that this mitigation plan was not in fact in line with the legislation. Additionally, it violated principles under the Irish Constitution, and the European Convention on Human Rights.

Key Legal Arguments:

The first argument presented by the FIE stated that measures within the National Mitigation Plan were not sufficient to achieve the objectives under Section 3 of the 2015 Act. For example, one of the measures involved renovation schemes in government buildings and schools through partnership with different organisations, or implementing energy efficiency improvements into homes of individuals who suffer from chronic respiratory conditions, which claimed to lead to better health outcomes.

Secondly, the FIE argued that due to inadequacy of the National Mitigation Plan, it has consequently violated constitutional rights. Some of the rights which FIE claimed were breached include the right to life, right to bodily integrity, and the right to a healthy environment.

Thirdly, in relation to the previous criticism of the National Mitigation Plan the FIE also criticised that the plan did not meet Ireland’s obligations under EU law obligations in relation to climate action.