Irish Courts Approve High-Emitting Projects Despite 2021 Climate Law

Ireland's 2021 amended climate law, intended to steer the economy towards net-zero emissions, lacks a legal mechanism to force government compliance. Critics' concerns were dismissed, hoping obligations on public bodies would suffice. However, legally binding limits are not translating into urgent practical policies, leading to numerous planning approvals that will substantially increase Ireland’s greenhouse gas (GHG) emissions or lock in fossil fuel demand.

Since the 2021 law, approximately 40 additional data centres have been approved. In March, the High Court refused to quash a decision allowing a €1.6 billion, 200MW data centre campus in Ennis, Co Clare. This project is projected to emit 700,000 tonnes of greenhouse gases annually, consuming 21% of the electricity sector's carbon budget by 2030. The court deemed these emissions «small» in global terms and accepted a commitment to procure renewable electricity as adequate mitigation.

In another High Court decision, Judge Richard Humphreys refused to quash permission for a 600MW power station on the Shannon estuary, accepting the developer’s argument that it would replace less efficient generation. This overlooks the cumulative impact of additional emissions. The legal firm William Fry concluded that Section 15 of the Climate Act 2021 «does not preclude the commission from granting planning permission for a development that generates substantial GHG emissions.»

Humphreys acknowledged carbon budgets are mathematical but accepted the developer's claim that future renewable energy procurement would compensate for the data centre's energy demand, essentially endorsing an «offsetting» logic. This legal situation, following both the Ennis and Shannon LNG cases, indicates courts will not prevent committed emissions from 600MW of additional power-related demand, which is deeply regrettable.