Thursday 8 November 2007

Incinerator case ruling reserved

The High Court has reserved judgment on an application by local residents to adjourn two legal challenges to the proposed €75 million development of the State's first hazardous waste incinerator at Ringaskiddy, Co Cork, pending the outcome of a legal action against Ireland in the European Court of Justice.

The European Commission has brought proceedings against Ireland based on its formal view that Ireland has failed to properly transpose into Irish law an EU directive relating to the environmental impact assessment of public and private projects, including incinerators and projects affecting important archaeological sites such as the proposed N3 motorway near the Hill of Tara.

Among the grounds on which the Ringaskiddy residents had initially challenged the proposed incinerator development is that the same directive was not properly transposed.

The State has opposed the application to adjourn two legal challenges involving the residents until the European Court of Justice has decided the matter. The State contends the High Court is bound at this stage by a Supreme Court decision earlier this year rejecting a challenge by Eric Martin to the development of an incinerator in Co Meath in which the Supreme Court dismissed claims that the directive was not properly transposed.

The Supreme Court had also refused Mr Martin's request to refer to the European Court of Justice the issue of whether the directive was properly transposed.

Mary Carolan
The Irish Times

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