Tag Archives: Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;

Distinguishing procedure from the merits

    It is often a challenge when advising people who are distressed about a wind farm going up next to them or that EirGrid is building pylons on their farm because all they see are the issues or the … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, High Court; Judicial Review; Appeal on the merits; judicial discretion, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29 | Tagged , | 5 Comments

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

  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

The SEA and Wind Farm Guidelines

  The issue of the replacement of the 2006 Guidelines regulating a safe distance between wind-farms and residences has been going on for so long now in Ireland that it has taken on the nature of a Molière farce.   The … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten | Tagged , , , , , , | 5 Comments

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

  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

Match Report

  The Captain’s warm-up had gone well and so we arrived at the beautiful but enormous Palace of Nations in Geneva with the usual pre-match jitters, but with Pat Swords charging ahead and us in his wake, we found our … Continue reading

Posted in EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, 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, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information | Tagged , , | 4 Comments

Ready, Steady, …

  . We are finally here in Geneva. I am accompanied by Pat Swords and David Malone, and we are ready to do battle tomorrow with the government lawyers in front of the Aarhus Compliance Committee, which is a United … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, 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 | Tagged , | 4 Comments

It’s official – nothing is happening at the High Court!

Readers were enraged at the contents of a previous blog on the inexplicable lack of activity on the part of the High Court in the case of Swords v Minister for Communications, Energy and Natural Resources. Conspiracy theories came thick … 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, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information | Tagged , , , | 5 Comments

Sub judice in Geneva

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?

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

The Spontaneous Combustion of Wind Turbines

They’re going off like Roman Candles. Not enough in Ireland, apparently. Wind Turbine Terror: Collapses & Spontaneous Combustion  

Posted in EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Kilvinane Wind Farm Ltd; substituted consent, South Africa, wind turbines, developing nations,, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , | 1 Comment

Just another brick in the wall -important decision on substituted consent

As we all know, there are always time limits within which to make challenges against administrative decisions. These are often quite tight for the simple reason that these administrative decisions are usually about local government and if there were long … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, Kilvinane Wind Farm Ltd; substituted consent, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , | 4 Comments

Freedom of the Press?

  What happened to the investigative journalist? Nowadays, most journalists want you to write the stories for them or they are not interested. If and when your story does get through, the Editor pulls it because it is “against editorial … Continue reading

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

How Relevant is the Green Party?

  Nigel de Haas, who is a regular reader of, and contributor to, this blog; had been conducting a fascinating conversation with Cormac Manning, a Green Party candidate for this election, concerning the Green Party Manifesto on Energy. . Readers … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EU Renewable Energy 2020 Target, Green Party; Ireland; Eamonn Ryan; Cormac Manning, lobbying; democracy; political process; general election, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC | Tagged , , , , , | 7 Comments

More on that Sect 28 Amendment

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

The Anatomy of a Wind Farm Contract – Part 2

  In my previous blog I explained how a typical wind farm contract consists of two divisible parts, an Option and a Lease. When looking at an Option, I came to the inescapable conclusion that by selling the wind farm … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, Irish Farmers Association; IFA; wind farm contracts | Tagged , , , , , , , , , , , , | 2 Comments

The Anatomy of a Wind Farm Contract – Part 1

  I am often approached by people asking me to explain just how a wind farm contract works. I usually evade these questions either by honestly pleading ignorance or less honestly, by using the well-used cop-out employed by lawyers: “It’s … Continue reading

Posted in Apple; Google; Data Centre, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, 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, Planning Permission; Extension; Planning and Development Act, South Africa, wind turbines, developing nations,, Wind Farm Contract, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , | 5 Comments

EirGrid ordered to disclose costings

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

The Suir Valley Environmental Conference 2016

A truly excellent conference was held by the Suir Valley Environmental Group on 20 January 2016. The three speakers were Fred Udo, Colm McCarthy and David Hughes. Their respective presentations are clear and concise, and well worth a viewing. They … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, Apple; Google; Data Centre, Cloud; iCloud; Data Centre; Data Center, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, 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, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , , , , | Leave a comment

Open letter to IWEA (and Messrs White and Coffey)

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

It’s “Academic Research”, it must be true!

  The Health Writers Hub rated these publications as the top medical journals in the world: . New England Journal of Medicine (NEJM) Nature The Lancet The British Medical Journal (BMJ) Annals of Internal Medicine The Journal of the American … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EU Renewable Energy 2020 Target, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, The Spokes of the Wheel; wind farms; Ireland; Windfall, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , , | 4 Comments