In a move that marks one of the most regressive environmental policy shifts in the history of Ireland, the Government has just signed new regulations which will bring an end to public interest environmental litigation in Ireland. Despite overwhelming opposition from the public, legal experts and the environmental movement, the gates to justice are being locked and nature is now defenceless. In practical terms, this means that civil society groups will be stripped of their ability to use the judicial system to block unsustainable developments.
Environmental Judicial Reviews (JRs) are often the last line of defence for our bogs, rivers and air quality. They allow citizens and NGOs to hold the State and big developers accountable when planning laws are ignored.
By introducing a restrictive Scale of Fees under Section 294 of the Planning and Development Act 2024, the Government is making these legal challenges financially impossible for almost everyone.
Back in January of this year, we in ZWAI submitted a comprehensive technical and legal objection to the Department of Climate, Energy and the Environment.
Our submission represented a unified front, receiving formal support from 16 other NGOs across the country. We warned the Government that:
- The proposal is undemocratic: It removes the ability of ordinary people to challenge bad decisions.
- It violates the Aarhus Convention: International law requires that environmental justice must not be “prohibitively expensive.”
- It rewards polluters: Without the threat of a legal challenge, environmental standards in planning will inevitably slip.
Over 1,400 individuals took the time to voice their opposition. The Bar Council and the Law Library, the very people who understand our legal system best, issued stern warnings. Yet, the Government has decided they know better, a move that feels uncomfortably like Trumpian-style governance, where expert advice is ignored, public participation is sidelined and the legal guardrails of democracy are treated as mere obstacles.
You might never intend to take a court case yourself, but you benefit every day from those who do. Judicial Reviews keep our environment safe from everything from stopping illegal dumping, protecting a local forest, or ensuring air quality standards are met. The removal of this safeguard is a win for short-term profit and a devastating loss for the Irish environment.
The new legal cost rules represent a direct assault on the public, civil society, and the principle of public accountability. ZWAI advocates for these regulations to be scrapped immediately and for the existing cost rules to be maintained.
True progress isn’t found in closing the doors of the courtroom, but in raising the standards of our governance. Instead of silencing dissent, the Government’s focus should be on improving the quality of decision-making and planning at every level.
With Ireland’s presidency of the EU just around the corner, what kind of example does this set? As we prepare to lead on the European stage, our own government is dismantling the very pillars of environmental justice and public participation that the EU strives to protect.