Friends of the Irish Environment v. Ireland
Principle law(s): Climate Action and Low Carbon Development Act 2015,National Mitigation Plan
Side A: Friends of the Irish Environment (Ngo)
Side B: Ireland (Government)
On July 31, 2020, the Supreme Court reversed the lower court and issued a ruling quashing the Plan. The Court unanimously determined that the Plan falls short of the sort of specificity that the Act requires because a reasonable reader of the Plan would not understand how Ireland will achieve its 2050 goals. The Court explained that "a compliant plan must be sufficiently specific as to policy over the whole period to 2050." The Court, however, determined that FIE lacks standing to bring its claims under the Constitution or ECHR. The Court also concluded that FIE had not made a compelling enough case for identifying an unenumerated right to a healthy environment, separate from the rights expressly conferred by the Irish Constitution, "[w]hile not ruling out the possibility that constitutional rights and obligations may well be engaged in the environmental field in an appropriate case."
Related laws and policies
The Climate Action and Low Carbon Development Act provides for the approval of plans by the Government in relation to climate change for the purpose of pursuing the transition to a low carbon, climate resilient and environmentally sustainable economy; to establish a body to be known as the Nation...
The Department of Communications, Climate Action and Environment published the National Mitigation Plan in July 2017. The "whole-of-Government" Plan aims at setting Ireland on a decarbonisation pathway to 2050. The Plan further includes 100 actions for various Ministers and public bodies to imple...