1. 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

2. EIA DIRECTIVE 85/337/EC KEY PROVISIONS

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

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

5. USK v. An Bord Pleanála
Division of roles

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

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

8. How will this work in practice ?

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

10. Demolition Works

11. 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