Friends of the Irish Environment CLG v. Gov’t of Ireland

Plaintiffs brought an action arguing that Ireland’s National Mitigation Plan is inconsistent with the Climate Action and Low Carbon Development Act (the 2015 Act) and rights protected by the European Convention on Human Rights and the Irish Constitution.

In July 2020, the Irish Supreme Court held that the Government's climate change policy failed to specify how it plans to transition to a low carbon economy and that it must craft a new plan that complies with Ireland's national and international climate obligations.

Background
In 2017 the Irish government approved its first National Mitigation Plan under the Climate Action and Low Carbon Development Act of 2015. In response, Friends of the Irish Environment (FIE) initiated a case arguing that the Government's National Mitigation Plan did not do enough to reduce Ireland's greenhouse gas emissions and was a violation of Ireland's Climate Act, the Irish Constitution, and the European Convention on Human Rights. The case was inspired by the successful Urgenda case.

The case was initially dismissed by a High Court in 2019. FIE appealed the case to the Irish Supreme Court which heard the case in June 2020.

Relevant Law and Principles

 * Climate Action and Low Carbon Development Act 2015
 * Irish Constitution
 * European Convention on Human Rights
 * Article 2
 * Article 8
 * Paris Agreement

Ruling
In an unanimous judgement, the court determined that the National Mitigation Plan was unlawful. It found the plan failed to comply with the Low Carbon Development Act of 2015 and ordered the government to make a new plan.

Takeaways
The case was only the second case in the world in which the highest national court of law required a government to revise its national climate policy in light of its legal obligations. It serves as a useful model to sue governments that fail to set adequate targets to reduce greenhouse gas emissions.

Links

 * Sabin Center Database
 * Grantham Research Institute
 * Friends of the Irish Environment Summary
 * Climate Case Ireland