judgment

Friends of the Irish Environment v. The Government of Ireland, et al. - judgment

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Litigation

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Filing Year For Action

In April 2020, the Irish High Court dismissed a challenge to Ireland's National Planning Framework (NPF). The plaintiff Friends of the Irish Environment had argued, among other things, that the Government failed to properly analyze the NPF's impact on climate change. 

In February 2018 the Government of Ireland published the NPF which, along with the National Development Plan, maps out the general goals for Ireland for the period leading up to 2040.  In the course of preparing the NPF the Government developed a strategic environmental assessment (SEA). Ten National Strategic Outcomes were identified: Compact Growth, Enhanced Regional Accessibility, Strengthened Rural Economies and Communities, High Quality International Connectivity, Sustainable Mobility, A Strong Economy, Enhanced Amenities and Heritage, Transition to Sustainable Energy, Sustainable Management of Water, Waste and other environmental resources, and Access to Quality Child Care, Education and Health Services. The Government determined that a policy option called Regional Effectiveness and Settlement Diversity would best suit the needs of the country in achieving the National Strategic Outcomes while accounting for projected population growth. 

In May 2018, Friends of the Irish Environment filed this action against the Government of Ireland; the Minister for Housing, Planning and Local Government; and the Attorney General. The group challenged the NPF on a number of grounds, including that the Government failed to assess the NPF's effects on climate change when preparing the SEA. The complaint alleged that the government was required to not only identify the likely increases in greenhouse gas emissions that would occur under the NPF, but also analyze the climate impacts of those emissions. The court rejected this claim, reasoning that a quantitative assessment of the NPF's likely effect on climactic factors is not feasible because the NPF is a policy document that does not permit any specific development or project. The court further reasoned that the NPF does contain provisions designed to reduce the effects of climate change that the NPF causes. The court concluded that the SEA's consideration of climate change was therefore sufficient. 

Friends of the Irish Environment v. The Government of Ireland, et al.

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Activities involving the management, development, and sale of property assets.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the distribution, treatment, and conservation of water resources.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

This sector provides communication services, software development, and IT solutions.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Friends of the Irish Environment v. The Government of Ireland, et al. - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance