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The High Court dismissed proceedings brought by an environmental activist challenging the adequacy of Ireland's transposition of the EU Environmental Impact Assessment Directive in relation to EPA-initiated industrial emissions licence reviews. The plaintiff sought declarations against the State on the basis that the licensing regime did not provide for public participation and environmental assessment in certain circumstances. However, the Court found that the plaintiff lacked standing to pursue these claims, as he had not participated in the licensing process at issue, had no particularised interest in the specific project, and effectively sought a 'freestanding' or actio popularis challenge not anchored to any factual matrix of direct impact. The Court concluded that national and EU law do not require standing for individuals merely on the basis of a general or sincere interest in environmental protection, and that challenges of this kind must be brought by parties with a sufficient connection to an impugned decision or real risk of environmental harm. Accordingly, the proceedings were dismissed.
standing – judicial review – industrial emissions licence – environmental activist – Environmental Protection Agency – Environmental Impact Assessment Directive – public participation – sufficient interest – transposition of EU law – actio popularis (popular action) – Aarhus Convention – review of administrative decisions – EPA Act 1992 – Rules of the Superior Courts – declaratory relief
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