Law and the Environment 2013

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Presentation transcript:

Law and the Environment 2013 Towards Coherent Reform of Environmental Law “Reform of EPA and An Bord Pleanála practice on EIA of projects to ensure compliance with applicable CJEU decisions” Thursday, 25 April 2013 Alison Fanagan A&L Goodbody

EIA DIRECTIVE 85/337/EC KEY PROVISIONS

O’Connell v. EPA Factual background EPA could not request EIA where none required by planners No breach of EU law

Martin v. An Bord Pleanála Two separate decisions “Integrated assessment” not required by Directive

USK v. An Bord Pleanála Division of roles

Case C-SO/09 Potential “gap” between EPA and ABP Who carries out the EIA ? Demolition works

“Gap” Issue 2012 Regulations Express obligation on the EPA to carry out EIA

How will this work in practice ?

Who carries out the EIA ? Should it continue to be developer led ?

Demolition Works

Law and the Environment 2013 Towards Coherent Reform of Environmental Law “Reform of EPA and An Bord Pleanála practice on EIA of projects to ensure compliance with applicable CJEU decisions” Thursday, 25 April 2013 Alison Fanagan A&L Goodbody

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