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Environment
The Green Wall: Access to Environmental Justice in Ireland By Eoin Jackson, SS Law This article will address the lack of access to environmental justice within the Irish legal system. Part I highlights the financial barriers present for environmental activists. Part II discusses the lack of specialist knowledge on environmental matters and the subsequent impact this can have on ecological cases. Part III proposes the establishment of a dedicated Irish Court of Environmental Justice to ensure an appropriately ecocentric legal framework exists, conducive to an accessible justice system. I. The Financial Barrier to Environmental Justice A primary barrier to environmental justice is the cost of litigation. Ireland does not provide civil legal aid for cases typically concerned with environmental justice, such as those pertaining to planning, pollution control or attempts to encourage a better climate response. Costs can run into the hundreds of thousands and there is a legitimate concern that the loss of a case could result in the financial demolition of environmental activists. For example, in the case of FIE v The Legal Aid Board [2020], it was determined that the plaintiff, an environmental activist NGO, was not entitled to legal aid on the basis that an NGO is not a natural person. Consequently, environmental justice suffers from being unable to have its representatives advocate through the courts without serious financial risks. It should be noted that these cost barriers could be seen as being in contravention to the Aarhus Convention. The Aarhus Convention, which Ireland ratified in 2012, mandates access to justice in environmental matters. It outlines access to environmental information as a right and offers a ‘check’ on policymakers by encouraging a right to review procedures to ensure their environmental compatibility. Despite efforts to implement the Convention’s measures, this has only been achieved where the matter concerns EU law. Thus, little assistance is available to a marginalised community seeking to challenge local environmental issues or the government’s response to climate change. II. The ‘Knowledge’ Barrier Environmental justice also suffers from the lack of specialist knowledge often experienced by local communities and public interest lawyers. The complex swathe of international, EU and national legislation on the environment requires a high degree of training and specialisation. Indeed, comparative reports have demonstrated a belief that the overly technical nature of environmental law makes it a much more difficult area for public interest lawyers as opposed to more common issues such as employment law and family law. Furthermore, the field may require experts such as climate scientists to present evidence before the court, which ultimately adds to the aforementioned cost barrier. In an Irish context, it is argued that this ‘knowledge’ barrier has been exacerbated by the relative absence of lawyers specialising in environmental justice. Up until the establishment of the Centre for Environmental Justice in 2021, there was no public interest group dealing specifically with these issues. This ‘knowledge’ barrier is compounded at a judicial level, given the nonexistence of any specialist court dedicated to environmental and planning issues. This has proven to be effective in overcoming ‘knowledge’ barriers through specialisation and training for judges within such a court. III. Proposed Solution - An Irish Court of Environmental Justice The proposed solution to this issue is the establishment of a dedicated Court of Environmental Justice. This Irish ‘Green Court’ could draw on the approach taken in comparative jurisdictions, such as the Philippines,
