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Questions referred to European court on environmental assessment duties
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High Court refers questions to the Court of Justice of the European Union (CJEU) regarding the interpretation of EU law on environmental assessments. The case concerns whether there is a duty to choose the most environmentally friendly option and to weigh alternatives comparably in strategic environmental assessments. The State conceded that the latter issue was not clear, while the court found that neither question was acte clair (clearly evident). The referral follows a series of judgments addressing procedural and substantive issues in the case, with the High Court now seeking clarity from the CJEU to resolve the matter.
Strategic Environmental Assessment (SEA), Court of Justice of the European Union (CJEU), referral, Article 267 TFEU, environmental law, EU Directive 2001/42, acte clair (the clear), An Taisce, procedural directions, document management, Eco Advocacy CLG v. An Bord Pleanála, interpretation of EU law, environmental options, alternatives assessment.
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