Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland

Aine Ryall is a Senior Lecturer at the Faculty of Law, University College Cork, Ireland.

• 1 Introduction I. Importance of Effective Enforcement at Local Level II. Alternative Remedies III. Planning and Development Acts IV. Aarhus Convention V. Structure of the Book VI. Note on Terminology 2 The EIA Directive and Environmental Protection I. Introduction II. Sustainable Development A. European Community Perspective B. Irish Perspective III. Environmental Impact Assessment as a Mechanism For Environmental Protection IV. Role of Public Participation in Environmental Decision-Making V. EIA Directive VI. Aarhus Convention VII. Implications of Aarhus Convention for European Community EIA Law A. Public Participation B. Access to Justice VIII. Strategic Environmental Assessment A. European Community Perspective B. Irish Perspective IX. Closing Observations 3 The ECJ and National Procedural Rules and Remedies I. Introduction II. General Principles III. Principle of Effective Judicial Protection A. Evolution B. Future Directions C. Specific Themes IV. Impact of Aarhus Convention V. Impact of European Convention on Human Rights A. ECHR and Irish Law B. Implications for Judicial Review VI. Closing Observations 4 The ECJ and the EIA Directive I. Introduction II. The ECJ's General Approach to the EIA Directive A. Transitional Arrangements B. Project Categorisation C. Prior Authorisation D. Development Consent E. Stage of Development Consent Procedure at which EIA Must be Carried Out III. The ECJ's Approach to Member State Discretion Under the EIA Directive A. Exemptions B. Assessment Procedure C. Determining the Annex II Projects that Require Assessment D. Detailed Arrangements for Public Participation E. Summary IV. Role of the EIA Directive in Judicial Review Proceedings at National Level A. Overview B. Justiciability of the EIA Directive before National Courts C. Standard of Review to be Applied by National Courts D. Substantial Compliance E. Horizontal Effect or Consequential Adverse Impact? F. Consistent Interpretation G. State Liability V. Closing Observations 5 The EIA Directive in the Irish Courts I. Introduction II. Overview of National Legal Framework A. General Provisions B. Planning Applications for Strategic Infrastructure C. Special Statutory Framework Governing Judicial Review D. Rule in Henderson v Henderson E. Judicial Discretion F. Costs III. Irish EIA Jurisprudence A. Grappling with Direct Effect B. Consistent Interpretation C. Minimalist Approach to Obligations Created in the EIA Directive D. Judicial Deference E. Substantial Compliance F. Impact of National Procedural Rules G. Concept of 'Development Consent' H. Intersection between Planning and Pollution Control I. Interrelationship between Domestic Proceedings and Commission Enforcement Activity J. Appraisal IV. Impact of Article 10a A. Hope and Anticipation B. Legislative Measures C. Judicial Implementation V. Closing Observations 6 Conclusion

...one of the most scholarly books on Irish law published in the last 20 years and quite different in the strength and depth of its analysis to the superficial law texts published with increasing frequency since the advent of cheap publishing. It originated as a Ph.D thesis but has been adapted to make it more accessible to the non-specialist reader. Its clear style and use of uncomplicated, unpretentious language makes it a joy to read. Dr Ryall is to be congratulated for having her book published by distinguished publishers and for having it designated a Modern Study in European Law. It has established her international reputation as a leading scholar in Environmental law. It is truly an excellent work which is easy to read and which gives one a complete understanding of the EIA Directive and of aspects of EU law relevant to the enforceability of EU Environmental law in Ireland. All interested in Environmental law should buy it. Yvonne Scannell Dublin University Law Journal Volume 18, 2011 The structure of the book is well organised. Ryall's work is particularly interesting when it comes to identifying the divergence in judicial approaches to the doctrine of consistent interpretation and to the potential impacts of art. 10a on national standing rules. Eamon Galligan Irish Planning and Environmental Law Journal Vol. 16, No.4, Winter 2009 An up-to-date, theoretically rich and critically incisive examination of the enforcement of the EIA directive in Europe M. Polak European Review of Public Law Volume 21_4, 2009 An important study of one of the greyer areas of European Union law - the effectiveness of national courts in protecting rights granted in European Union law A meticulously researched, clearly structured, easily accessible text. This is a book that will be valuable for practitioners, academics and students with an interest in environmental impact assessment. Additionally, it will also be a useful resource for those with a wider interest in European Union law Brian Jack Irish Jurist Volume 43, No 131 (2008) Ryall has produced a comprehensive, lucid, readable and progressive account of one of the more intricate phenomena of planning and environmental legislation. The book will be indispensable to environmentalists and social scientists." Michael Smith Village, March/April 2010, Issue 9 In this excellent book, Ryall seeks to address this issue in the context of Ireland and the Irish courts. The structure of the book is clear and logical. Suzanne Kingston Common Market Law Review Volume 47, Issue 2, April 2010 Aine Ryall has gained considerable respect from her peers for the comprehensive and detailed work on the application of the [EIA] Directive, particularly in Ireland, but campaigners will also take heart from the support offered by the arguments that the restrictive approach to the application of the EIA Directive by the judiciary and the potentially high costs, is to restrict access to justice in environmental matters in Ireland unacceptably. Judy Osbourne An Taisce Summer 2010 The book is very well written and structured. It provides a detailed account of the implementation of this Directive in Ireland and the approach of the national courts to its enforcement... It should provide a case study of interest to all EU lawyers, as well as those specifically interested in environmental protection; and for those unfamiliar with the Directive and the Aarhus Convention the book provides a clear and concise account of both. Indeed, the book is written and structured in such a way that it would be possible to pick up a chapter of particular relevance without reading the entire work... it provides a valuable addition to the literature. Dr Victoria Jenkins European Law Review August 2010 Aine Ryall's books is a very welcome contribution to this growing literature, both for the ... audience of specialist EIA lawyers who have contributed to this literature and who will find it particularly useful, and for the (very much larger) audience of more general environmental lawyers, planners and policy makers in European Member States with interests and practice in this area. I have no hesitation but to strongly recommend this excellent book to environmental lawyers, planners, policy makers, academics and graduate students in the EIA and related fields. The book is very well written throughout, and the arguments are strongly made and supported with reference to the relevant law, policy and guidance. For a greater understanding of how the EIA and related directives work within the context of ECJ application and interpretation, it is particularly endorsed. Simon Marsden Journal of Environmental Assessment Policy and Management Volume 12, Number 2, June 2010