Friends of the Irish Environment may seek to join Shannon LNG High Court case

Friends of the Irish Environment (FIE) may seek to join Shannon LNG’s High Court challenge to a refusal of planning permission for a €650 million liquefied natural gas (LNG) terminal in Co Kerry.

The court heard on Monday that the environmental organisation has a “bit of a history” with the LNG terminal proposal and is considering whether to apply to join the case as an interested party, which would enable it to make submissions to the court.

The group, with an address at Eeyries, Beara, Co Cork, successfully challenged an extension to a 10-year planning permission granted in 2008 for an LNG plant in the same area of the Shannon estuary.

Its case resulted in the High Court quashing the 2018 extension of the permission after the Court of Justice of the EU advised that the extension must be subject to a new environmental impact assessment under the Habitats Directive.

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FIE unsuccessfully challenged the 2008 permission in earlier proceedings.

Last September, An Bord Pleanála rejected an application by Shannon LNG, a subsidiary of US multinational New Fortress Energy, to build a power plant, battery energy storage system and floating storage. It was proposed that LNG would be shipped to IReland and “re-gasified” on the site before entering the national gas grid.

The board’s 8:2 majority decision was based on a 2021 Government policy on the importation of fracked gas. The planning authority decided it would be inappropriate to permit or proceed with the development of any LNG terminals in Ireland pending the review of energy supply.

On Monday, James Devlin SC, for FIE, told the High Court his client is considering whether to ask to join Shannon LNG’s judicial review challenge brought against An Bord Pleanála, the Government, the Minister for the Environment, the Attorney General and Ireland.

He noted his client has “a bit of a history” with the LNG plant.

The court was also told the State respondents need some time to decide how they will approach the issue of legal costs in the case.

Mr Justice Richard Humphreys adjourned the matter to a date next month.

As well as challenging the board’s decision to refuse permission for the terminal, Shannon LNG wants the court to judicially review aspects of the Government’s fracked gas policy.

The policy states that “pending the outcome of the review of the security of energy supply of Ireland’s electricity and natural gas systems, it would not be appropriate for the development of any LNG terminals in Ireland to be permitted or proceeded with”.

Shannon LNG, with an address on Molesworth Street, Dublin, claims the board applied the policy “as if it were an overriding consideration and/or prohibition and thereby abdicated its decision-making function”, it is alleged.

The decision also misinterpreted the policy, which, in express terms, records the Attorney General’s advice that “a legal ban on the importation of fracked gas could not be put in place at this time”, the developer alleges.

Shannon LNG also wants the court to declare that it should not have to pay the other side’s legal costs, even if it loses the case, due to a provision covering certain environmental and planning claims.