Courts

Legal challenge to emissions licence for chicken rearing plant is dismissed

Action brought by environmental activist whose chief concern was disposal of manure from intensive rearing of stock

In his ruling, the judge said he was satisfied the EPA did not act outside its regulatory powers. File photograph: Collins Courts

Aodhan O'Faolain
Wed Feb 7 2024 - 20:22

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

Mr Justice Conleth Bradley dismissed the action brought by environmental activist Peter Sweetman over the EPA’s decision of February 2019 to grant the licence to Michael Noel O’Connor.

The licence permits him to operate a facility that rears 74,000 “broiler” chickens at Rathcahill West, Templeglantine, Newcastlewest.

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 that are used for meat from the facility.

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Mr Sweetman’s lawyers argued the EPA’s decision was flawed on grounds including that the disposal of the manure had not been properly considered.

It was argued that the EPA failed to consider relevant matters, lacked jurisdiction to make the decision and failed to properly take into account EU directives on habitats, wastewater and environmental impact.

The litter is cleared from the sheds every six to eight weeks when straw bedding is removed and the shed floors are washed down with water.

Most of the litter is mostly spread on land, while some of it is used as compost at a mushroom facility.

It was claimed the EPA did not know the location of the land where the litter is spread.

The EPA opposed the action and rejected all of the claims.

It said it had considered all relevant matters when assessing Mr O’Connor’s application

Mr O’Connor, who did not take part in the hearing, was a notice party to the proceedings.

In his ruling, the judge said he was satisfied the EPA did not act outside 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 Environmental Protection Agency was correct in its decision to award the licence to Mr O’Connor, he said. The agency 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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