A group of residents in county Laois have won a second referral to the Court of Justice of the European Union (CJEU) over the construction of a nearby wind farm.
The determined community group, People Over Wind (POW) based in Cullenagh, south of Portlaoise, said in a statement that the case in question centres on a long-running dispute over access to environmental information under the European Communities (Access to Information on the Environment) Regulations 2007–2014. They say the action “raises critical questions” about the timeliness and transparency of how the State deals with requests from the public.
The group says it represents some 120 households near the site where the wind farm was given permission by Coillte nearly ten years ago.
The group has already spent a decade advocating against Coillte’s proposed industrial wind farm at Cullenagh, saying they are challenging what they have described as “secrecy” over the State plans. In 2014, Coillte secured planning permission for 18 turbines which it says can power 20,000 homes. In 2021, Coillte and ESB joined together to form the joint venture FuturEnergy Ireland, and this project was transferred to the new company as part of the portfolio. Last year, the group told local media that they were “alarmed” at a new plan for a taller version of the wind farm, having spent ten years and raising some €100,000 fighting against the initial plans.
The site, located between Ballyroan and Timahoe, comprises three Coillte land holdings, with the more elevated northern and central land parcels at Cullenagh Mountain. The project would see the construction of 18 wind turbines with a maximum tip height of 131.5m each.
“It will have the potential to generate enough clean energy to power around 20,000 homes, saving 33,000 tonnes of CO2 emissions per annum that would otherwise have been created by fossil fuels,” a website on the project states.
In November 2018, an AIE request was submitted to Coillte seeking information regarding Coillte’s proposed windfarm at Cullenagh. This request included seeking a cost benefit analysis (or other economic analysis as applicable) used to underpin the Cullenagh Co. Laois wind farm project. In addition, it sought details of all objectives/key drivers/reasons upon which the project is based or is designed to facilitate (including short, medium, and long-term objectives).
However, that same month, Coillte informed the appellant that it considered the request to have been made “in too general a manner” and invited the appellant to make a more specific request. The following month, in December 2018, Coillte notified the appellant of its decision to refuse access to the information requested.
In January, 2019, the appellant requested an internal review of Coillte’s decision, including submissions as to why the decision was incorrect. No response was received to the request for an internal review.
Since then, the plans have been put on pause, but are again being reassessed. In 2024, a statement posted on the website for the project said: “As with the passage of time, a review of the original project proposal is being undertaken by the team to assess the role that Cullenagh could play in assisting with the national requirement for decarbonisation of the energy system. As part of this review, the team are assessing various aspects in relation to the size and scope of the project, which include the project site, and transportation and grid routes.”
A spokesperson for FuturEnergy said last year that Ireland is “committed to delivering projects in a fair and meaningful way which will create a broad range of benefits nationally, regionally and locally, including a significant Community Benefit Fund for the local area and environs.” It further told The Leinster Express that any planning application would not be submitted until after local consultations are held.
“All FuturEnergy Ireland projects have a comprehensive community engagement programme that provides interested parties numerous opportunities to provide feedback to the project team, including via in-person events,” it said.
People Over Wind say that years of delay to the project have sparked renewed legal action. Secretary Paula Byrne said in a statement provided to Gript: “We asked one simple question: prove that this wind farm will genuinely help the environment and is worth the potential damage to Cullenagh’s wildlife, water, communities, and landscape – especially when such projects have already pushed Ireland’s energy costs sky-high.
“Instead of an answer, we experienced an endless process of request, refusal, appeal, and remittal had left the request unresolved for nearly seven years.”
Solicitor Fred Logue, who is representing People Over Wind, said that the case raises important issues concerning timely access to environmental information.
“The Aarhus Convention recognises that the public ought to have timely access to environmental information so that they can participate in environmental decision making and fulfil their duty to protect the environment. It is hoped that the Court of Justice will clarify the responsibility of appeals bodies such as the Commissioner for Environmental Information and how they should give effect to this obligation,” Mr Logue said.
A High Court hearing on 20 October 2025 reviewed the protracted process regarding the wind farm — which has now spanned almost seven years — and a judgment by Mr Justice Humphreys issued on 5 November. The judgement asserted that there is a legal duty that environmental information must be provided “as soon as possible and within a reasonable time.”
The Court also outlined procedural steps for a potential reference to the CJEU, including timelines, coordination among parties, and oversight from EU institutions. A review of these arrangements is scheduled for 1 December 2025.
The group say they will continue to “test the boundaries” of environmental rights in Ireland, reaffirming that the public “has a right to know” when it comes to planned windfarm projects and their impacts.
Last year, the Government promised that new planning guidelines for wind farms would be introduced by the end the year but that is yet to happen.