An Taisce v. v. Irish Planning Board (High Court of Ireland 2015)
Side A: An Taisce, Friends of the Irish Environment Limited (Individual ngo)
Side B: Ireland and Attorney General (Government)
Side C: Edenderry Power Limited, Bord Na Móna Energy Limited, Bord Na Móna Allen Peat Limited, Bord Na Móna PLC, Minister for Environment, Community and Local Government, Ireland and Attorney General, Department of Arts Heritage and the Gaeltacht, Environmental Protection Agency and an Taisce (Corporation)
The High Court, noting that it was required to base its decision on the “actual reality of the project” at issue, rejected Edenderry’s arguments as theoretical—the permit application, after all, contemplated sourcing from these particular bogs, such that any other approach would constitute a material change to the application. Thus, “[t]here is functional interdependence as the power plant relies for the vast majority of its raw material on the designated bogs.” The court also noted that it made no difference that the bogs were independently subject to an air pollution licensing regime. The planning authority, it explained, “is entitled to take the licenses into account” when assessing the impacts of the peat extraction operations.