An environmental NGO which receives the majority of its funding directly from the Irish Government has halted work on an Uisce Éireann wastewater connection project in Co. Clare after lodging a High Court challenge.
According to RTÉ, Uisce Éireann has halted work on a wastewater connection for a new Supermac’s motorway service station in Co Clare after a High Court legal challenge by Friends of the Irish Environment (FIE).
The development, called Banner Plaza, is located outside Ennis on the M18 between Galway and Limerick. The project has cost about €18 million and is expected to create 120 jobs. It had been due to open later this month and is almost completed.
FIE is seeking a judicial review, claiming the Clareabbey Wastewater Treatment Plant is already overloaded. The group has previously said the plant has operated above its licensed capacity since 2008.
FIE is an environmental NGO that receives almost 60% of its funding from one Government Department.
“FIE receives core funding from the Department of Communications, Climate Action and the Environment (DCCAE) Environment Fund, and the main sources for the fund are the plastic bag levy and the landfill levy,” the group’s website reads.
“Environmental (Ecological) NGOS Core Funding (Trading as the Irish Environmental Network) distributes this core funding to national NGOs including FIE.”
They add: “We have one part time employee, and all funds are devoted to running the network.”
According to the group’s most recently published financial accounts, they received €76,179 in total income in 2023. Of this, €44,806.21 in “unrestricted” funds, or 58.8% of their total income, came from the Department of Environment, Climate and Communications via the Irish Environmental Network (IEN).
Under the heading of “Court Cases” on the organisation’s website, it can be seen that they have participated in numerous “Climate Court Cases” over the course of years, including one to block a Shannon LNG terminal, arguing that it breached Ireland’s “sectoral emissions obligations.” They also lodged multiple cases to block various data centres around the country on climate grounds, as well as cases relating to coal-fired power stations.
According to RTÉ reporting, the High Court was told that Uisce Éireann will give 14 days’ notice before resuming any work on the wastewater connection project.
Supermac’s owner Pat McDonagh has pledged to challenge FIE’s eligibility for costs protection in the case, arguing that the judicial review system is “being abused.”
As reported by the Irish Independent, McDonagh said current rules mean that individuals or groups bringing environmental cases are rarely liable for legal costs if they fail, allowing objectors relying on EU environmental regulations to exist in a situation where they “can’t lose” regardless of their case’s outcome.
Mr. Justice Richard Humphreys has adjourned the case for mention on November 3rd and set a hearing for December 4th.
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