Environmental Claims
Environmental law continues to change and evolve to reflect the societies areas of concern in relation to the environment. Thus, there is a variety of issues, which are covered by both domestic and international law.
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Republic of Ireland have introduced the Protection of the Environment Act 2003, which implements Directive 96/61/EC. This Directive concerned pollution prevention and control. Thus, this piece of legislation has provided a framework for protecting and improving the environment. This act also covers various areas of environmental pollution. For example, odour pollution, water pollution, disposing of waste, and others. Therefore, this article will outline various types of claims, which can be brought forward in relation to the environment.
At P.A. Duffy, we specialise in supporting and advising clients through difficult claims, in Ireland and in cross-border cases. Our expert team ensures the highest quality service to decide upon the most effective strategy based on your case. We pride ourselves on providing excellent client care and utilising our experience to provide expert legal advice.
If you have been affected and wish to speak to a member of our team, please get in touch via the following channels
Call us on 01 533 7860
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Water Pollution Claims:
These types of claims are in relation to issues in relation to water pollution. For example, surface water pollution, chemical water pollution, groundwater pollution, wastewater pollution, oil spillages, and others.
Bringing a water pollution claim can be illustrated through the case of Commission v Ireland. Whereby, the Commission found that the Irish Government has failed to comply with Articles 4, 5, 7, 9, and 10 of Directive 80/68/EEC. This directive aimed to protect groundwater from being polluted by harmful substances. Consequently, this case is important as it illustrates the level of concern international law provides for issues surrounding water pollution as it holds Member States accountable when not complying with legislation.
Air Pollution:
Air pollution can be caused by a variety of substances which are categorised as pollutants. These can be caused by naturally occurring events like, wildfires or be a result of waste in landfills.
A key case which illustrates how court handles issues surrounding air pollution is KilmaSeniorinnen Schweiz and Others v. Switzerland. Whereby, a Swiss association alleged that Switzerland was not taking the necessary steps to contain the effects of climate change. Thus, it was held that the Swiss Government was not taking the necessary steps to develop a domestic framework to mitigate the effects of greenhouse gas emissions.
Odour Pollution:
Odour pollution claims arise when unwanted or offensive smells are emitted from factories, agricultural activities, landfills or inadequate waste disposal.
Odour pollution can be challenged in several ways in the Republic of Ireland. For example, the Air Pollution Act 1987 regulates issues surrounding air pollution but also odour emissions through domestic framework. Additionally, issues in relation to odour pollution can be questioned through statutory nuisance. Under the Public Health (Ireland) Act 1878, unpleasant and offensive odours are classified as nuisance, which can be challenged in District Court.
Through the case of González Ortíz v Spain action was taken to challenge to odour emanating from a waste treatment plant, which was close to the applicant's residence. This case was taken to the European Court of Human Rights, in which they have found that there was a breach of Article 8 of the European Convention on Human Rights. Thus, it was held that the Spanish Government failed to protect the private and family life of residents as they have not taken the necessary measures to prevent the odour emanating from the waste treatment plant.
To conclude, a variety of issues are covered through both legislation and precedent case law in relation to environmental concerns.
Our environmental team are passionate about protecting the environment and believe that the law is a powerful tool for positive change.
We appreciate that pursuing an environmental claim can seem like a daunting prospect. Our solicitors will take on most of the work on your behalf, making the process as stress-free as possible for you.
We will work proactively to progress your claim without unnecessary delay and will stay in close touch to update you on the steps that are being taken. You will find us easy to contact if you have any questions or you need support from us at any time.
Speak to our environmental solicitors in Dungannon, Belfast and Dublin
For a consultation with one of our experts, call us on 028 8772 2102 (UK) or 01 533 7860 (IE). We will talk through the relevant situation with you and discuss any potential remedies that may be available. We can also answer any questions you may have.
Alternatively, you can fill in our online Contact Form and we will ring you.
FAQs
Who can bring an environmental claim?
Environmental claims can be brought forward in the Republic of Ireland in a number of ways. They are as follows:
Individuals who are directly affected by environmental harm can bring the matter to court.
Group claims (class actions) of individuals who were all affected by the environmental harm.
Public authorities who are responsible for enforcing environmental regulations and laws.
Organisations which have specific interest in environmental protection.
What types of claims can be made?
There is a variety of claims which can be made, some examples include:
Nuisance claims, which relate to matters concerning noise or odour pollution.
Judicial review, which can challenge the legality of decision made by public authorities in relation to mitigating environmental protection.
Environmental Impact Assessments (EIA) allow to challenge organisations, and question if they operate within environmental requirements, which are established to protect the environment.
Claims for damages.
What is an Environmental Impact Assessment (EIA)?
An Environmental Impact Assessment evaluates the potential environmental impacts an organisation or a development project may have. Through this projects which can be harmful to the environment, or the community can be denied planning permission. Effectively protecting the environment.
What remedies are available in environmental claims?
Some remedies which can be awarded as a result of an environmental claims are as follows:
Injunctions
Orders requiring remediation or restoration of the environment
Compensation for damages
Quashing orders
Declarations from public authorities confirming that they have acted unlawfully.
What are the common grounds for challenging a decision in environmental cases?
Common grounds which can be used to bring forward an environmental claim include:
Failure to conduct an adequate EIA
Inadequate public consultation
Failed EIA
Violation of domestic environmental laws and regulations
Violation of international environmental laws
Procedural errors or unfairness in the decision-making process
What are the time limits for bringing an environmental claim?
There are different time limits in relation to different types of claims. They are as follows:
Judicial review claims should be filed within three months from the date of the initial decision being challenged.
Nuisance claims can be brought forward six years from the date of the nuisance.
Other claims may vary and may require legal consultation to specify the time limits.
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Our Environmental Solicitors
Conal McGarrityDirector
Sarah KirkTrainee Solicitor
Enda McGarritySolicitor