Tag Archives: Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid; GridLink; John Lowry; Fine Gael; Fianna Fail; Labour Party; Green P

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

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

An Opportunity Missed – Callaghan vs. An Bord Pleanála and the Attorney-General

Judgment was delivered by the High Court (Costello J.) on 11 June 2015 in the application for leave to judicially review the decision of An Bord Pleanála to designate the North Meath Wind Farm a Strategic Infrastructure Development (SID). . … Continue reading

Posted in High Court; Judicial Review; Appeal on the merits; judicial discretion, Ms Justice Costello; Section 37A Planning and Development Act 2000; | Tagged , , , , , , , , | 3 Comments

Can An Bord Pleanála condone a defective application?

As a rule it can be said that An Bord Pleanála (ABP) have very little discretion, and this mostly involves their conduct of public / oral hearings, and only if they decide to hold the hearing at all (See sections … Continue reading

Posted in Framore Limited, High Court; Judicial Review; Appeal on the merits; judicial discretion, Peremptory law; Directory Law; Planning and Devlopment Act of 2000 | Tagged , , , , , , , | 9 Comments

Limits on the Protective Costs Order under Section 50B

If you litigate in court and lose, you will pay, big time. That is the general rule: the loser pays all the legal costs. This is known as the “costs follow the event” rule. There are some exceptions to the … Continue reading

Posted in Uncategorized | Tagged , , , , , , , | Leave a comment

The Scare Tactics of the Wind Industry

One of the most commonly-used tactics of domination by modern governments is to keep their citizens in a state of perpetual terror by continuously announcing doomsday scenarios, and then use these apparent threats to justify increasingly oppressive governance. We now … Continue reading

Posted in EU Renewable Energy 2020 Target | Tagged , , , , , , , , , , , | 4 Comments

Suing the Government

Francovich v Italy was a very important judgment handed down by the European Court of Justice in 1990. It was important because it established the principle that European Union member states could be liable to pay compensation to individuals who … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , , | 1 Comment

EirGrid’s “new” Development Strategy – what it really means

In response to ever-increasing legal, political and economic pressure, the Department of Conservation, Energy and Natural Resources have released another glossy publication through their mouthpiece EirGrid. . The document is largely technical mumbo-jumbo on which I am not qualified to … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , , , , , , | 4 Comments

Energy efficiency is a form of energy

Whilst this government is pushing the interests of its big business cronies in the wind industry, it is doing precious little when it comes to consumer education and other measures aimed at energy efficiency. Instead of forcing consumers to pay … Continue reading

Posted in Uncategorized | Tagged , , , , , , , | 1 Comment

EirGrid brings in the heavies

  In its glossy brochure, “Reviewing and improving our public consultation process”. one of the better satirical publications of 2014; EirGrid set out three themes as to how it needed to improve its dealings with the public. . Theme 2 … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , , , | 1 Comment

RTS & Ors -v- An Bord Pleanála [2015] IEHC 18 – lessons learned

The loss by the RTS Substation Group in their recent application for judicial review against An Bord Pleanala (ABP) was a massive blow to that community and I write this blog with some trepidation, as I know that hearts are … Continue reading

Posted in Uncategorized | Tagged , , , , , , | 9 Comments

Setback Distances from Wind Turbines / Wind Farms

Due to a huge number of submissions from rural homeowners and the wind industry, new guidelines stipulating where wind farms can be built were not published last year. According to the Department of the Environment, over 7,500 submissions were received … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , | 2 Comments

Rural Communities under attack from the State

I received a letter from a member of the Ratheniska community which is battling An Bord Pleanala, the Department of Communications, Energy and Natural Resources, and EirGrid in their plan to build a massive substation which is intended to be … Continue reading

Posted in Uncategorized | Tagged , , , , , | 15 Comments

Consultation on the Green Paper

The Department of Communications, Energy and Natural Resources (DCENR) is holding its final regional workshop on the Green Paper on Energy Policy next Friday, 27th February at the Brandon House Hotel in New Ross, commencing at 09.30am. See details at … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, Uncategorized | Tagged , , , , , , , | Leave a comment

The Statutory Functions and Powers of EirGrid

My article on “The Statutory Functions and Powers of EirGrid” has been published in the Irish Law Times. The article examines the statutory functions of both the ESB and EirGrid with a view to comparing and contrasting the two in … Continue reading

Posted in Uncategorized | Tagged , , , | 5 Comments

Are EirGrid overly “commercially sensitive”?

You will remember that in a previous blog “The ESB has insurance against EMF” I discussed the results of an Access to Information on the Environment (“AIE”) request made by a group of concerned citizens to the ESB concerning their … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , , , , , , , | 5 Comments

The Great EIS Swindle

An environmental impact statement (EIS) should be carried out in such a way that it is a useful tool for decision-making on planning applications. It should accurately and fairly describe the positive and negative environmental effects of a proposed project, … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , | 11 Comments

Project Splitting

“Planning must be open and communicative, but often it is closed. Planning must be participatory and democratic, but often it is an instrument to dominate and control. Planning must be about rationality, but often it is about power. … This … Continue reading

Posted in Uncategorized | Tagged , , , , , , | 6 Comments

Paying for Electricity

I find it extraordinary that a hundred thousand people marched on Dublin about the water charges, and yet despite the fact that the Irish citizen is charged one of the highest electricity prices in the world, we pay our ESB … Continue reading

Posted in Uncategorized | Tagged , , , , | 9 Comments

A Farewell to Pensions

The National Pensions Reserve Fund (NPRF) was established by the National Pensions Reserve Fund Act No 33 0f 2000 by the then Minister of Finance, Charlie McCreevy. Its intended purpose was to prepare for the ever-increasing pensions bill of the … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , | 7 Comments

How many PR consultants does it take to change a light bulb?

I should have a warm and fuzzy feeling inside me after reading the self-congratulatory publication by EirGrid “Reviewing and improving our public consultation process”. It has become obvious that I, and thousands like me, have been completely wrong about EirGrid. … Continue reading

Posted in Uncategorized | Tagged , , , , , , , | 14 Comments