The High Court today began hearing a judicial review of a case brought against the Government over the construction of the controversial M3 motorway through the Tara-Skryne valley.
Conservationists, led by Vincent Salafia, are legally challenging the decision by Minister for the Environment Dick Roche and Meath County Council to allow archaeological sites along the route to be excavated, effectively allowing the motorway through the valley.
Senior counsel Gerard Hogan for the conservationists argued that the Minister had misinterpreted the National Monuments (Amendment) Act, 2004 and that the Act itself is unconsititutional on two grounds.
Mr Hogan claimed the Act has stripped the Oireachtas of its power and that the State is failing in its duty to protect the national heritage.
But the State is expected to argue that the Act is constitutional.
The Minister has, to date, refused to re-route the motorway, pointing out that the proposed route was approved by Meath County Council and An Bord Pleanála and is backed by many in the locality.
The case is being heard by Mr Justice Tom Smyth and is expected to last several days.