Energy Updates from Energy Law Ireland (ELI)

Successful legal challenge to governmental refusal to grant access to environmental information on emissions in: Right to Know CLG v an Taoiseach [2018] IEHC 371 (link). In this case, the Irish High Court overturned the refusal by the Department of An Taoiseach (the Irish Prime Minister) to make public cabinet papers discussing Ireland's greenhouse gas emissions. The refusal was overturned because of (i) the Department's failure to give reasons for the refusal, and (ii) its failure to adequately balance the public interest served by disclosure with the public interest served by refusal to disclose the information on emissions.

Irish supreme court holds that interested members of the public do not ave the right to make observations to the Irish planning board during consultations to determine whether proposed developments (in this case a proposed wind farm) should benefit from classification as "Strategic Infrastructure Development" or SID in: Callaghan v An Bord Pleanala [2018] IESC 39 (link).

Irish government publishes its high-level design proposal for a new Renewable Energy Support Scheme (RESS) to deliver Ireland's contribution to the EU's 2030 renewable energy target of 32% (link). The proposal includes a framework for up to five staggered auctions, designed to provide sufficient support to renewable energy projects which can ensure Ireland's attainment of the targets outlined in its draft National Climate and Energy Plan (due to be submitted to the EU by 31 December 2019).(link).