Introduction

The case of Friends of the Irish Environment CLG v. Minister for Communications Climate Action and the Environment Ireland & Anor ([2020] IEHC 159) was heard by the High Court of Ireland on April 3, 2020. This judicial review concerned the inclusion of the Shannon LNG terminal and its connecting pipeline in the European Union's Projects of Common Interest (PCI) List. The applicant, Friends of the Irish Environment, challenged the validity of this inclusion, seeking a reference to the Court of Justice of the European Union (CJEU) to assess the decision's legality.

Summary of the Judgment

The High Court addressed an adjournment application filed by the State Respondents—the Minister for Communications, Climate Action and the Environment Ireland, and the Attorney General. The respondents sought an adjournment of the substantive hearing due to the COVID-19 pandemic's impact on governmental operations. The court considered the necessity of expeditious proceedings given the strategic nature of the infrastructure project and the public interest involved. Ultimately, the High Court dismissed the adjournment application, allowing the hearing to proceed as scheduled on June 30, 2020, while adjusting the timetable to accommodate the exceptional circumstances.

Analysis

Precedents Cited

The judgment references several key legal frameworks and precedents:

• Regulation (EU) No 347/2013: Governs the guidelines for trans-European energy infrastructure, including the designation of Projects of Common Interest (PCI).
• Case C-188/92, TWD Textilwerke Deggendorf: Addresses jurisdictional issues regarding challenges to EU acts within national courts.

These precedents influenced the court's understanding of jurisdiction and the procedural appropriateness of bringing challenges to EU-level decisions within national courts.

Legal Reasoning

The High Court balanced the State's request for an adjournment against the need for timely resolution of strategic infrastructure disputes. The court highlighted:

• The SID List's purpose to ensure rapid hearings for strategic infrastructure cases.
• The limited nature of the required affidavit evidence, which primarily involved legal rather than factual assessments.
• The impracticality of delaying proceedings significantly due to the pandemic, emphasizing that legal professionals could adapt to remote hearings.

The court concluded that the adjournment was not justified, given the strategic importance of the Shannon LNG project and the manageable impact of COVID-19 on the proceedings.

Impact

This judgment underscores the judiciary's commitment to maintaining the momentum of strategic infrastructure cases, even amidst public health crises. It sets a precedent for:

• Prioritizing the expedited resolution of cases that have significant public and economic implications.
• Encouraging flexibility in court procedures, such as remote hearings, to ensure justice is administered without undue delay.
• Affirming that challenges to EU-level decisions should be addressed appropriately within the judicial hierarchy.

Future cases involving strategic infrastructure projects may reference this judgment to argue against unnecessary delays, especially when the matters are predominantly legal in nature.

Complex Concepts Simplified

Judicial Review

Judicial review is a process where courts examine the lawfulness of decisions or actions made by public bodies. In this case, Friends of the Irish Environment sought to challenge the government's decision to include the Shannon LNG project in the EU's PCI List.

Projects of Common Interest (PCI)

PCI designation is used by the EU to identify infrastructure projects that are vital for achieving energy policy objectives. Inclusion in this list grants projects certain privileges to facilitate their development.

Reference to the Court of Justice of the European Union (CJEU)

The applicant sought a preliminary ruling from the CJEU to determine the validity of the PCI List's adoption. This referral is a mechanism for national courts to seek interpretations of EU law.

SID List

The Strategic Infrastructure Development List (SID List) is a categorization by the High Court to ensure that cases involving significant infrastructure projects receive expedited hearings.

Conclusion

The High Court's decision to dismiss the adjournment request in Friends of the Irish Environment CLG v. Minister for Communications Climate Action and the Environment Ireland & Anor reinforces the judiciary's role in ensuring that strategic infrastructure disputes are resolved promptly, even in the face of unprecedented challenges like the COVID-19 pandemic. By adjusting procedural timelines and embracing flexible hearing formats, the court exemplified a balanced approach that upholds both the necessity for expeditious justice and the realities of a crisis situation. This judgment will serve as a guiding reference for future cases where the intersection of strategic importance and external pressures necessitates careful judicial consideration.