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High Court, in judicial review proceedings brought by a heritage preservation society seeking to have the State's Nitrates Action Program quashed, assesses the merits of extensive pleading-type objections and gives fresh directions in relation to those issues and future issues.
Assessment of merit of pleading objections - proceedings brought by heritage preservation society - seeking to have the State's Nitrates Action Program quashed - extensive pleadings - legal context surrounding the nitrates directive - Council Directive 91/676/EEC of 12 December 1991 - legal context of the water framework directive - Directive 2000/60/EC of the European Parliament - legal context of SEA directive - legal context of domestic law - derogation system - nitrates system - water catchment management system - procedural history - relief sought - grounds of challenge - Core ground 1 is alleged breach of article 6(3) of habitats directive and transposing legislation - core ground 2 alleged breach of art. 4(1) of the water framework directive - core ground 3 alleged breach of arts. 3, 5 and 10 of the SEA directive - core ground 3 is alleged breach of arts. 3, 5 and 10 of the SEA directive - court ultimately orders that pleading/ evidential-type issues be disposed of - that issue paper for future modules be reworded - that parties be directed to make written submissions on the Module II - timelines set out - costs of proceedings to date be reserved.
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