Category Archives: Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty

Ireland in trouble with Aarhus – again

Posted on September 1, 2019 by

Many thanks to Wind Aware Ireland for this very informative update: Updates. 30th August, 2019 A panel of legal experts has found that Irish planning law is non-compliant with requirements under an international convention to allow the public to participate … Continue reading →

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information | Tagged , , , , | 1 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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Bring on the Super Sub!

Posted on August 2, 2017 by

In this era of professional sport, who you have on the bench is as important as who you have in the starting line-up of your team. Coaches have to think long and hard about who will be seated on the … Continue reading →

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Start Preparing Your Submissions

Posted on May 31, 2017 by

” “Ref: MS-2017 11 – please quote this reference on all correspondence  Dear Deputy, I refer to your email received 21 April 2017 in relation to the new RESS scheme and financial support. My Department is currently developing a proposed … Continue reading →

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EirGrid; Insurance; Law; Cancer; EMF, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten | 3 Comments

So you say you wanna Revolution?

Posted on April 16, 2017 by

“You say you want a revolution Well, you know We all want to change the world You tell me that it’s evolution Well, you know We all want to change the world   …   You say you’ll change the … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Easter Uprising, 1916 Revolution, Independence, IRA., Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, lobbying; democracy; political process; general election, Pat Swords, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , , , , , , , , , , , , | 3 Comments

Have Your Say! Revision of Wind Energy Development Guidelines 2006

Posted on February 12, 2017 by

That excellent web site Concerned About Wind Turbines – Donegal  (CAWT) has put important and previously cunningly concealed information into the public domain by an AIE request to our old friends, the Department of Communications, Climate Action and Environment. Despite … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, 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, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, Irish Farmers Association; IFA; wind farm contracts, Kilvinane Wind Farm Ltd; substituted consent, Ministerial Responsibility; Liability; Negligence; cardiovascular, Pat Swords, 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, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , | 7 Comments

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 →

Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, 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, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, 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, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, University Hospital Waterford, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans | 4 Comments

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 →

Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, Arsin Demir, Çalık Holding; Turkey; EU; renewables, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, 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, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, 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, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş | 2 Comments

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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Important ECJ Ruling on the SEA Directive

Posted on November 1, 2016 by

  An important decision has been handed down by the European Court of Justice on the definition of “plans and programs” in the SEA Directive.   What is an SEA? An SEA (Strategic Environmental Assessment) is essentially an environmental impact … Continue reading →

Posted in NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , , , , , , , , , , , , | 8 Comments

Private wind farms are exempt from AIE requests for information

Posted on October 31, 2016 by

  An interesting decision was handed down by Peter Tyndall, the Commissioner for Environmental Information, as to whether a private wind farm (“Wexwind”) fell within the definition of “public authority” for the purposes of the AIE Regulations, and was therefore … Continue reading →

Posted in Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , , , , , , , , , | 1 Comment

Pat Swords vs Minister for Communications,Energy and Natural Resources & Attorney-General

Posted on August 15, 2016 by

  After a year of waiting, the judgment is finally out, and it does not make for pretty reading. The learned judge found against Pat in his condonation for delay application, and failed to rule on the protective costs application. … Continue reading →

Posted in EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Legal Costs; Access to Justice; Courts, Pat Swords, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , | 9 Comments

Report on Communication ACCC/C/2014/112 regarding complaint of non-compliance against Ireland

Posted on June 28, 2016 by

  The first session involved the opening statements.  These are delivered in writing to the Aarhus Convention Compliance Committee (ACCC) beforehand, which allows a speaker from both sides to paraphrase and highlight the main points underpinning the Communication and the … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Legal Costs; Access to Justice; Courts, 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, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , , , , , , | 4 Comments