A High Court judge has requested written submissions and confirmed there will be another oral hearing in relation to an ongoing legal challenge against the state’s fifth Nitrates Action Programme (NAP).
An Taisce first launched legal proceedings in May 2022 to judicially review the government’s NAP.
It is challenging the “validity” of Ireland’s fifth NAP through the High Court and has brought legal proceedings against the Department of Housing, Heritage, and Local Government, the Environmental Assessment Unit, the state and the Attorney General.
The Minister for Housing, Local Government and Heritage approved the fifth NAP on March 9, 2022.
An Taisce has claimed that “measures taken under successive NAPs have failed in their objective” which is to “prevent pollution of surface waters and ground water from agricultural sources”.
The Department of Agriculture, Food and the Marine (DAFM), the Irish Farmers’ Association (IFA) and Irish Creamery Milk Suppliers’ Association (ICMSA) are notice parties to the legal challenge.
Justice Richard Humphreys, who is presiding over the case, delivered his latest interim judgement on the case today (Wednesday, May 1).
High Court
Justice Humphreys stated in his judgement that An Taisce had “came through the pleading-type objections relatively intact” in relation to the case.
He stated: “We now come to module II on the evidential-type controversies.
“The sheer number of issues brings the total judgment word count in this case so far to 157,693 words (92,375 + 65,318) – the combined length of two PhD theses and counting.
“The essential issue we are now dealing with is – has the applicant shown that its legal points properly arise on the facts?”
Justice Humphreys has ordered that the applicant now has 10 days from the date of his latest judgement to deliver further written submissions, the state a further 10 days to reply and the notice parties a further seven days to make their submissions.
The judge confirmed that a date will be set for an oral hearing.
He also detailed that the “costs of the proceedings to date be reserved”.
An Taisce
In a statement An Taisce said it would “take some time to study the detail of the judgement” issued today.
It stated: “Clean water is of critical importance to Ireland and the Irish public.
“Water pollution impacts us all, our waterways are the commons we all share. This cannot be overstated, and we are obligated to do everything we can to protect and restore them.”
An Taisce also said that it acknowledged and welcomed “the rigour of the court and of all the participants”.
“The outcome of these proceedings may have implications for how we mind our waters and protect them for the decades ahead,” it added.