The European Court of Justice (ECJ) has found against the Irish State Planning Authority, An Bord Pleanala, which was responsible for extending planning permission for a fracked gas import terminal to the advantage of US fracked gas exporter ‘New Fortress Energy’ and all permits and permissions for Shannon LNG are now set to be quashed by the Irish High Court. Today, An Bord Pleanala has been made accountable by the ECJ and has serious questions to answer on how it used its new powers under the Strategic Infrastructure Act 2006, to accept €30,000 (US$ 35,000) from Shannon LNG to give planning consent for a US fracked gas import terminal in Ireland, overriding the recommendations of one of its own officials that the applicant should be refunded the €30,000 as long ago as September 29th, 2017. There is jubilation in County Kerry, Ireland, today with the news that Shannon LNG is set to lose planning permission to build a US fracked gas import terminal in Tarbert, following the judgement of the European Cout of Justice today..
There will be no existing permission for any LNG terminal anywhere in Ireland when the Irish High Court rules following the ECJ decision today. Ireland already banned fracking and earlier this summer the New Programme for Government in Ireland declared that “it does not make sense to develop LNG gas import terminals importing fracked gas” and that the government “does not support the importation of fracked gas” in Ireland.
A new government policy statement against fracked gas imports is expected by Government imminently and this new policy statement is now all the easier because all rights to import fracked gas will soon have expired in the country.
There is no social licence for fracked gas anywhere in Ireland.
New Fortress Energy, with no mercy for the communities affected by fracking in Pennsylvania had hoped to be able to export even more fracked gas from the USA by using an out-of-date planning consent for an LNG terminal in Ireland, obviously hoping that the Irish would turn a blind eye to the dubious procedures used by the Irish Planning Authority, An Bord Pleanala, to give it an extension of planning permission. But the European Court of Justice just said no. Tragic that Canada has no such courageous integral court, and that our high court “justices” knowingly publish lies in their rulings and worse, get away with it.
‘Safety Before LNG‘ stated that today’s decision was to be expected and does not come as any surprise and thanks the ‘Friends of the Irish Environment‘ and its unstoppable legal team of James Devlin, John Kenny and Fred Logue for fighting to prevent climate chaos from the environmental madness that is the US fracked gas industry.
The ‘Friends of the Irish Environment‘ environmental NGO has declared to the world that Ireland is not for sale to the US fracked gas industry.
‘Safety Before LNG’ stated that the US fracked gas exporter ‘New Fortress Energy‘ will not be able to get full development consent for years because there is no social licence in Ireland for the importation of fracked gas from America due to its devastating health and climate impacts, rendering it dirtier than coal
Fracked gas is illegal in Ireland and planning permission for the proposed 26km pipeline connecting the terminal has already expired. The licence to pollute from the Environmental Protection Agency (EPA) will prove an even more difficult barrier for ‘New Fortress Energy‘ due to stricter rules in force since 2014 obliging the EPA to consider effects on human health.
Ireland will not accept light-touch regulation where fracked gas is concerned and the environmental standards in Ireland will be too high for the US fracked gas exporter ‘New Fortress Energy‘ to jump over.
‘Safety Before LNG‘ says it is is now clear that the ‘New Fortress Energy‘/Shannon plan to import fracked gas from the USA is nothing more than an unachievable illusion created to increase the value of its shares.
Time to move on to a more sustainable future.
Will those responsible for this mess every be held accountable, and will those who are accountable ever be held responsible?
Safety Before LNG
1. EU Court scuttles planned fracked gas terminal permission (Friends of the Irish Environment – 9 September 2020)
2. The High Court judgment of Mr Justice Garrett Simons delivered on 15 February 2019:
Refer also to:
2020 02 13: Legal Wow in Ireland: Plans to fast-track Shannon ‘fracked gas’ LNG terminal hits legal bump, Friends of the Irish Environment wins right to challenge inclusion of project on ‘rapid’ EU development list (entitles projects to “most rapid treatment legally possible” including “overriding public interest”).
2019 08 10: “Klippenstein, admittedly, ‘would not be the person’ he is ‘without freedom of thought and expression,’ so where’s his outrage at the legal suppressing of those freedoms – aka gag orders? And who would he be then, with his mouth legally taped shut?” Comment to Andrew Nikiforuk’s article in The Tyee on Klippenstein & Wanless quitting
2019 06 08: Who orders a new hearing for a Supreme Court of Canada ruling where 9 justices knowingly published a lie and sent it to the media? Who “slaps” Justice Rosalie Abella for knowingly lying in her ruling and belittling the applicant?
2017 01 21: Damaging the Charter: Ernst vs Alberta Energy Regulator by Lorne Sossin, Dean Osgoode Hall Law School, York University. Comment: “It causes one to question how much both the plurality and the dissent were driven by the desired end-state of the judgment, rather than consistency in applying principles of public law.”