On 17 June, the Court of Appeal of Northern Ireland overturned a High Court ruling on the former environment minister’s decision to approve a marine license. Friends of the Earth Northern Ireland and the group No Gas Caverns were successful in appealing the High Court decision on both the failure of the minister to refer the decision to the executive committee, and the taking into account of a proposed community fund.
The previously approved scheme proposed to initiate solution mining whereby 7 large caverns are carved underground, with a depth of 1350m below sea level at Lough Larne. It was approved in 2021 by the previous environment minister, Edwin Poots. An action was taken against the granting of the marine license to Islandmagee Energy Ltd Scheme, claiming that the minister failed to effectively consider the significant environmental impacts of the initiative. Campaigners pointed to Northern Ireland 2050 net-zero targets, arguing that the state would be tied to the scheme years after the 2050 commitments have passed. The application for judicial review initially failed in the High Court, and the environmental groups appealed this decision.
In the Court of Appeal, Lady Chief Justice, Dame Siobhan Keegan held that the previous minister acted irrationally in deciding to approve the license without referring it to the executive committee. Edwin Poots was held to be under a legal duty due to the significance of the scheme. However, the court was solely making a finding on the legality of the decision-making process, and a hearing at a later date will decide the next steps for the proposed scheme following the breach of the Ministerial Code.
Commenting on the successful outcome, the Director of Friends of the Earth NI, James Orr said,
“This is a great day for local communities, our coastline and our climate. But, without a fully resourced independent Environmental Protection Agency, we must remain on high alert because this case demonstrates how government can break the law.”
Click here to read an article on the judgement.