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The High Court makes no order as to costs, having ruled against a plaintiff's application to seek prohibition of the Environmental Protection Agency's processing of a waste license application in an enforcement action against a company for unauthorised developments at a quarry was without jurisdictional basis and therefore struck out. The plaintiff's enforcement action against the company continues, with the focus on ceasing unauthorized developments and waste disposal at the quarry. The court also decided to make no order as to costs, finding that the plaintiff's conduct of proceedings did not warrant an award of costs against him, and the relief sought was not frivolous or vexatious.
Environmental Protection Agency, enforcement action, waste license application, unauthorized developments, quarry restoration, Planning and Development Act 2000, Waste Management Act 1996, substituted consent, An Bord Pleanála, statutory enforcement application, abuse of process, Aarhus Convention, prohibitively expensive (NPE), Environment (Miscellaneous Provisions) Act 2011, civil proceedings, costs application, judicial review, remedy, interpretation obligation, public interest litigation.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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