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Derogation allowing increased livestock manure application upheld despite environmental concerns
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High Court has upholds the validity of Ireland’s Fifth Nitrates Programme and the associated Commission Implementing Decision 2022/696, which permits a derogation allowing for increased levels of livestock manure application on farms. The court found that the economic implications for material assets were considered and deemed to outweigh more environmentally friendly options. The decision affirms the action programme applied throughout Ireland's territory and the extended derogation for higher nitrogen levels from livestock manure, subject to conditions. The court also referred questions to the Court of Justice of the European Union (CJEU) regarding the assessment of material assets and the comparability of alternative options under Directive 2001/42.
Nitrates Programme, Commission Implementing Decision 2022/696, livestock manure, nitrogen levels, derogation, High Court, environmental assessment, Directive 2001/42, Strategic Environmental Assessment (SEA), action programme, agricultural practices, water pollution, environmental effects, economic implications, material assets, Court of Justice of the European Union (CJEU), Directive 91/676, vulnerable zones, environmental protection.
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