Challenge by environmental campaigner to chicken farm licence decision is dismissed

The High Court has dismissed a challenge brought over an Environmental Protection Agency (EPA) decision to grant an industrial emissions licence to a chicken rearing plant in Co Limerick.

Mr Justice Conleth Bradley dismissed the action by environmental activist Peter Sweetman over the EPA’s decision of February 2019 to grant the licence to Michael Noel O’Connor to operate a facility that rears 74,000 ‘broiler’ chickens at Rathcahill West, Templeglantine, Newcastlewest, Co Limerick.

A key issue in the case, the judge said, was Mr Sweetman’s concerns about the disposal of manure from the intensive rearing of chickens at the facility.

Mr Sweetman’s lawyers had argued that the EPA’s decision was flawed, on grounds including that the disposal of the manure had not been properly assessed and should be set aside.

The EPA, it was claimed, had the power to do this, but had failed to do so.

It was argued that the EPA failed to consider relevant matters, lacked jurisdiction to make the decision and failed to properly take into account the EU Habitats, Waste Water and Environmental Impact Directives when it decided to award the licence.

In his ruling Mr Justice Bradley said he was satisfied that the EPA had not acted outside of its regulatory powers by failing to assess, authorise and regulate the final use or disposal of the chicken manure and water washings from the facility.

The EPA he added was correct in its decision to award the licence to Mr O’Connor. The EPA, he added, had correctly defined the ambit of its statutory and regulatory powers as well as under its jurisdiction under the 1992 EPA Act.

In all the circumstances the judge said he was satisfied to dismiss the action.​​​​​​​

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