[ exact phrase in "" • ~10 sec • results by date ]

[ Google-powered • results by relevance ]



Go to multi-category search »

LOCATION/TYPE

News Home
Archive
RSS

Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links

Alerts

Press Releases

FAQs

Publications & Products

Photos & Graphics

Videos

Allied Groups

Ireland fined €5m plus daily penalty of €15,000 over landslides at Galway wind farm  

Credit:  www.thejournal.ie ~~

The EU’s Court of Justice has fined the State €5m over its failure to comply with EU legislation that might have prevented landslides linked to the construction of a wind farm in the west of Ireland in 2003.

The penalty is set to increase further as EU’s top court set an additional daily fine of €15,000 until the Government achieves compliance with environmental legislation on assessing the impact of the wind farm Derrybrien, Co Galway.

The fine is due to the “seriousness and duration” of the failure to carry out an environmental impact assessment on the wind farm in the 11 years since a previous CJEU ruling on 3 July, 2008.

The legal action by the European Commission followed a massive landslide at Derrybrien on 16 October, 2003, when tonnes of peat were dislodged and polluted the Owendalulleegh River, resulting in the death of around 50,000 fish.

At the time Derrybrien was the country’s biggest-ever wind farm, and one of the largest in Europe, with 70 turbines. Its construction required the removal of large areas of forest and the extraction of peat up to a depth of 5.5 metres.

The European Commission said two investigations had concluded that the environmental disaster had been linked to the construction work on the wind farm.

The Government had claimed that delays in carrying out a requirement under the 2008 ruling to conduct an environmental impact assessment of the Derrybrien wind farm was due to the complexity of underlying legal issues.

The owner of the windfarm has refused to undergo a “substitute consent” procedure, which is used in exceptional circumstances to allow for the regularisation of planning permissions which are granted for applications in breach of EU environmental legislation.

The Government claimed it could not legally compel the owner of the windfarm to submit to the process, and a remedial environmental impact assessment could only be carried out with their voluntary cooperation.

However, the CJEU rejected the State’s argument and said there was nothing to prevent an assessment being carried out after the construction of the wind farm.

Ireland had claimed the action was unfounded as it could not legally withdraw the planning permission which had been granted to the operator of the wind farm.

Earlier this year, the Department of Housing, Planning and Local Government said it had been in regular communication with officials in Brussels on the issue.

It also said that it remained committed to ensuring that an appropriate environmental review of the wind farm took place.

Source:  www.thejournal.ie

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments to query/wind-watch.org.

Wind Watch relies entirely
on User Funding
Donate $5 PayPal Donate

Share:

Tag: Accidents


News Watch Home

Get the Facts Follow Wind Watch on Twitter

Wind Watch on Facebook

Share

CONTACT DONATE PRIVACY ABOUT SEARCH
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.
Share

 Follow: