Harte Peat: High Court Injunction (March 2022)

High Court agreed to grant an injunction restraining Harte from extracting wet peat from areas of its midland bogs after finding its unregulated activities were a “material and significant” breach of EU environmental law

“Ms Justice Phelan said it is “artificial” to treat lands on either side of a road that form part of a single bog beneath the road as separate entities. When calculating the threshold, it is proper to have regard not only to the footprint of the harvesting land but also to any area which is used for purposes incidental to extraction, she said.”

Lough Funshinagh Case

2021 No. 1097 J.R. BETWEEN

FRIENDS OF THE IRISH ENVIRONMENT CLG

APPLICANT

AND

ROSCOMMON COUNTY COUNCIL

IRELAND AND THE ATTORNEY GENERAL

RESPONDENT

EX TEMPORE JUDGMENT delivered by Mr. Justice Garrett Simons on 28 January 2022

This ruling is delivered in respect of an interlocutory application seeking to restrain the carrying out of development works pending the hearing and determination of these judicial review proceedings. The proceedings question the validity of an order made by the chief executive of Roscommon County Council on 14 October 2021. I will refer to this order as “ the impugned order”. The impugned order purports to authorise the carrying out of what is described as interim flood relief works.