1. Why the Idea of a Specialised Environmental Court is Attractive Áine Ryall @EnvJusticeUCC

2. Environmental Courts & Tribunals (ECTs) Different models of ECTs around the globe e.g. - ‘stand alone’ environmental courts - ‘a Court within a Court’ - Tribunals/Boards/Ombudsman etc.

3. Ireland No specialised environmental courts as such Environmental cases arise across the different courts – from District Court to Supreme Court

4. Specialised Environmental Tribunals An Bord Pleanála (1977) Aquaculture Licences Appeals Board (1998) Commissioner for Environmental Information (2007)

5. Passing references to desirability of judicial specialisation over the years A special division of the High Court Report of EPA Review Group (May 2011) Chief Justice Denham (June 2012) DECLG Public Consultation on Aarhus Article 9 (July-Sept 2014)

6. Access to Environmental Justice in Ireland Significant impact of Aarhus Convention & EU law - standing rules - special costs rule - Dir 2003/4/EC → Commissioner for Environmental Info.

7. Access to Environmental Justice in Ireland Live issues/problems: - no administrative appeal in certain cases - high cost of litigation - delay in processing cases - appropriate standard of judicial review - lack of specialist knowledge among judges

8. Access to Environmental Justice in Ireland Criminal law enforcement Role of EPA, local authorities etc. in prosecuting environmental crime Appropriate sanctions & consistency among judges in levels of penalties imposed?

9. Detailed comparative study of ECTs Greening Justice (The Access Initiative, 2009) - Characteristics of ECTs - Triggers behind establishment of ECTs - “Decisional-steps” towards establishing an ECT

10. Some potential advantages of environmental courts Expertise/specialisation → greater efficiency → less cost Consistency in decision-making Improved judicial oversight → public confidence Greater visibility of environmental issues Scope to develop special procedures/flexibility/ADR

11. Some potential disadvantages of environmental courts How to define ‘environmental’ cases? Other areas of law that also deserve specialist knowledge Risks marginalising environmental courts from mainstream judicial system May be insufficient case load; plus significant costs involved in establishing any new court

12. What is the overall goal? Aarhus Convention Article 9(4) A system of environmental dispute resolution that is ‘fair, equitable, timely and not prohibitively expensive.’ But other important considerations also...

13. Wider considerations? If you were designing a system from scratch … Focus on preventing disputes from arising in the first place Effective judicial oversight; inspire confidence Plus an efficient, affordable, user-friendly system – this requires serious resources

14. Questions to consider Would a specialist environmental court bring added value? If yes, then what model would best fit the Irish situation? At a more general level, how do we address current problems with access to environmental justice in Ireland?

15. Acknowledgement This conference on environmental courts is part of a larger research project Strengthening Environmental Decision-making: Law, Technical Evidence & Institutional Design funded by an Irish Research Council New Foundations Grant 2014/15. www.enviornmentaljustice.ie www.enviornmentaljustice.ie