A decision by a High Court judge to refer a legal challenge launched by An Taisce against the Government’s fifth Nitrates Action Programme (NAP) to the Court of Justice of the European Union has been welcomed by opposing parties in the case.
An Taisce launched legal proceedings in May 2022 to judicially review the Government’s NAP because it claimed that “measures taken under successive NAPs have failed in their objective” which is to “prevent pollution of surface waters and ground water from agricultural sources.
The High Court judge presiding over the legal challenge said today (Wednesday, July 24) that the case “raises significant issues of European law”.
In his latest judgement on the case Justice Humphreys stated that An Taisce’s legal action “is a challenge to the validity of domestic and European measures relating to the derogation for the use of nitrates above and beyond standard levels”.
He confirmed that he intends to refer nine key questions raised during the legal challenge to the Court of Justice of the European Union (CJEU).
Court
The legal challenge has been taken by An Taisce primarily against the Minister for Housing, Local Government and Heritage and the Attorney General.
But the Minister for Agriculture, Food and the Marine, the Irish Farmers’ Association (IFA) and the Irish Creamery Milk Suppliers Association (ICMSA) are also listed as notice parties.
The president of the ICMSA, Denis Drennan, has welcomed the decision by Justice Humphreys to refer the case to Court of Justice of the European Union.
Drennan said the ICMSA’s involved in the High Court case “stems from our conviction that retention of the nitrates derogation is absolutely crucial to the survival and wellbeing of Irish farming”.
“ICMSA made substantial submissions and lodged affidavits on behalf of our members and we welcome the court’s fair and balanced consideration of the farmer concerns,” he added.
The ICMSA president said that when a decision is made on An Taisce’s legal challenge it “will be critical for any future agri-viability”.
An Taisce
Meanwhile An Taisce said the decision of the High Court in relation to the ongoing nitrates case “recognised” that the charity had “raised novel, complex and important issues of EU law”.
It said that it welcomed “the prospect of clarification from the EU courts that this referral will deliver”.
Gary Freemantle, chief executive of An Taisce, added: “Our clean water resources are vital for all life and must be protected.
“This judgement is a step towards ensuring that Ireland has the strongest possible legal framework to safeguard our waterways”.
According to the head of advocacy with the organisation, Dr. Elaine McGoff, the “importance and value of clean water cannot be overstated or taken for granted”.
“All life depends on it and we cannot leave any stone unturned to protect and maintain its quality,” she added.