Irish government exempt from costs for 'unmeritorious' Limerick cement plant alternative fuels challenge

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Ireland: A court has ruled that the Irish government need not pay legal costs for Environmental Trust Ireland president Michelle Hayes' challenge against the Environmental Protection Agency (EPA) in mid-2022. Hayes unsuccessfully sued the EPA for issuing Irish Cement with a licence to use alternative fuel (AF) at its Limerick cement plant in May 2021. The AF will comprise up to 90,000t/yr of waste tyres, biomass and/or mining by-products.

At the costs hearing, the court noted that Hayes had already caused the EPA to incur 'very significant' legal costs. The court said that Hayes 'sought to have the taxpayer pay even more.' It added that, as a solicitor at Hayes Solicitors Limerick, which represented her in her unsuccessful challenge, Hayes stood to effectively benefit from any recuperated costs. The court concluded "It would mean that legal practitioners like herself are paid by the taxpayer for bringing environmental litigation which is unmeritorious."

Last modified on 25 January 2023

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