Category Archives: Law; High Court; Leave To Appeal; Environment

The Courts of Ireland – take 2

Posted on July 2, 2018 by

Many thanks indeed for the loads of helpful comments and suggestions to the first draft of a chapter I am writing which seeks to introduce the Irish legal system to people who know little or nothing about Irish law. I … Continue reading →

Posted in Academic Research; Peer-Review Process; Medical Journals, EirGrid; Insurance; Law; Cancer; EMF, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, Peremptory law; Directory Law; Planning and Devlopment Act of 2000 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

How do our courts work?

Posted on June 17, 2018 by

  The volume of work at my place of employment has caused me to neglect this blog, for which I apologise. Rather  than simply stopping  blogging, I thought I might combine work and blogging. The piece below is a very … Continue reading →

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Access to Justice?

Posted on October 16, 2017 by

The Aarhus Compliance Committee has interpreted Article 9 (3) of the Convention to mean that the public must have access to adequate judicial mechanisms in the event of acts and omissions in contravention of environmental law and, secondly, to provide … Continue reading →

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Your Home is Your Castle

Posted on May 11, 2017 by

  A person needs to feel safe and secure, and happy, in their own home.   If a society cannot guarantee its citizens a peaceful and secure place to stay, that society will very quickly become dysfunctional. Citizens will react … Continue reading →

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Suing Windfarms for Nuisance

Posted on April 25, 2017 by

Once again the Aussies take the lead. This is a DIY kit on how to sue windfarms in Aussie, including examples of Particulars of Claim. Clearly these must be changed to reflect Irish law and practice, but it is a … Continue reading →

Posted in BSB Community Energy Ltd, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, Irish Farmers Association; IFA; wind farm contracts, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , , , , , , , | 1 Comment

Clueless!

Posted on November 29, 2016 by

Irish rural communities have been opposing wind farms, and pylons before that, for the better part of a decade. This has involved community groups gathering funds through church collections, cake sales, and the like. There are numerous tales of hardship … Continue reading →

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When the Boot is on the other Foot

Posted on November 24, 2016 by

    Section 50 of the Planning and Development Act of 2000 (PDA 2000) is possibly one of the most unpopular sections when it comes to community organisations who battle big business, particularly wind farm developers. This is due to … Continue reading →

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How the Council Spends Our Money — Citizens Against Corruption

Posted on November 21, 2016 by

Congratulations to the Four Angry Ladies on starting this site, and asking questions that most are too scared to ask. I would ask two more: The link between the Comeragh Community Development Group and BSB Energy has already been established. … Continue reading →

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Facts and Figures

Posted on November 16, 2016 by

  My blog yesterday aroused a huge amount of interest. People expressed shock and surprise at the news that a company cannot be forced to declare a dividend. It is not always fun being the bearer of bad news but … Continue reading →

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The Public Meeting in Rainbow Hall

Posted on November 15, 2016 by

The turnout at last night’s meeting in Rainbow Hall was huge – well over five hundred people (and we have signed lists to prove that, RTE News). The meeting ended with a very resounding, and unanimous, rejection of the proposed … Continue reading →

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Please Save the Copper Coast!

Posted on November 14, 2016 by

The Copper Coast in County Waterford, Ireland is a UNESCO World Heritage Site of breathtaking natural beauty. It is hard to imagine that anybody would want to build an industrial wind farm right in the middle of it, but apparently … Continue reading →

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Enough Already!!!

Posted on November 13, 2016 by

  A certain individual has been going around my community spreading particularly malicious rumours about me. For a while it was a pathetic joke, but it has to stop now.   One of the malicious lies being spread by this … Continue reading →

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Well done, Val!!

Posted on October 17, 2016 by

Congratulations to Val Martin, who took on An Bord Pleanala in the High Court and won. This amazing achievement is testimony to the fact that it is possible for a person, with no formal legal training, but with bucketloads of … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, Val Martin | Tagged , , , , , , | 11 Comments

Sub judice in Geneva

Posted on June 13, 2016 by

How often do you hear a politician and/or guilty party (when these are distinguishable) answer a penetrating question with: “I’m sorry, that matter is sub judice, I am not allowed to comment”?  What they are saying is that as the matter … Continue reading →

Posted in EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords | Tagged , , | 3 Comments

What is happening at the High Court?

Posted on May 26, 2016 by

What is happening at the High Court?   Not a lot, it would seem.   In 2009 Pat Swords started his campaign against government plans to cover the Irish countryside with more than three thousand wind turbines and six thousand … Continue reading →

Posted in EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, High Court; Judicial Review; Appeal on the merits; judicial discretion, Law; High Court; Leave To Appeal; Environment, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information | Tagged , , , | 8 Comments

More on that Sect 28 Amendment

Posted on February 21, 2016 by

Since my last blog on the sleight-of-hand S28 amendment of the Planning and Development Act of 2000 (PDA2000), a number of very interesting theories have bubbled to the surface. We all love a good conspiracy theory, so let’s have at … Continue reading →

Posted in Academic Research; Peer-Review Process; Medical Journals, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Law; High Court; Leave To Appeal; Environment, lobbying; democracy; political process; general election, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act | Tagged , , , , , , , | 5 Comments

EirGrid ordered to disclose costings

Posted on February 7, 2016 by

The defence of “commercial or industrial confidentiality” is routinely abused by many enterprises to conceal a plethora of evils from the reach of legitimate requests for Access to Information on the Environment (AIE). . Article 9(1)(c) of the AIE Regulations … Continue reading →

Posted in EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Law; High Court; Leave To Appeal; Environment, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , , , , , , | 2 Comments

Open letter to IWEA (and Messrs White and Coffey)

Posted on January 31, 2016 by

The practice of lobbying government Ministers and other influential members of a ruling party is regarded by many as an integral part of our process of democracy. . Those in favour would argue that politicians should look to be educated … Continue reading →

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Law; High Court; Leave To Appeal; Environment, lobbying; democracy; political process; general election, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning Permission; Extension; Planning and Development Act, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , , , , | 10 Comments

Wind Turbines and Human Rights

Posted on January 8, 2016 by

Many people harp on about their human rights but I am always amazed that most people do not know of the extent of their rights or where they come from. . If you are an Irish citizen then a lot … Continue reading →

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EU Renewable Energy 2020 Target, Law; High Court; Leave To Appeal; Environment, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , | 3 Comments

Flexing Our Mussels – People Over Wind and others vs An Bord Pleanala

Posted on July 3, 2015 by

Amandla Awethu! . This was the cry that used to begin all public (and clandestine) meetings in South Africa during the dark days and the struggle against the apartheid regime. Pronounced “aah-mun-dluh  are-where-too” it means “Power to the People” and … Continue reading →

Posted in EU Renewable Energy 2020 Target, Law; High Court; Leave To Appeal; Environment | Tagged , , , , , , , , , | 2 Comments