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June 1, 2020     |    Philip Alston, Victoria Adelmant, Matthew Blainey

This article examines the principal issues that the Irish Supreme Court will have to consider when it hears the appeal by the FIE in June 2020. It addresses the questions of standing, justiciability, the applicable standard of review, the right to a healthy environment under Irish law, and the interpretive role of the constitutional Directive Principles of Social Policy.

Articles and Chapters
June 7, 2021     |    Victoria Adelmant, Philip Alston, Matthew Blainey

Climate change litigation is a rapidly growing field in many countries and human rights obligations are increasingly an integral part of the equation. The Irish Supreme Court’s 2020 judgment invalidating Ireland’s National Mitigation Plan for transitioning to a low carbon, climate resilient and environmentally sustainable economy by 2050 has been widely praised by commentators. But the case warrants far more critical scrutiny. The Court’s findings on standing to sue, the relevance of human rights provisions in this context, and the existence of a derived right to a healthy environment, are all retrogressive and augur badly for the future of rights-based climate change litigation in Ireland.

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January 1, 1970
Press Releases and Statements
January 1, 1970
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