30 Apr 2024
With water quality in Ireland declining, it is heartening to know that existing legislation seems to provide an opportunity for individuals and organisations to take civil action against polluters, writes Lorna Madden BL.
When it comes to matters of the environment it can be easy to feel disheartened, and indeed, for an individual looking to litigate an environmental issue, there seems little to recommend Ireland as a jurisdiction. When it comes to water pollution, however, the news is not all bad. Whereas most areas of environmental law require individuals or environmental non-governmental organisations (eNGOs) to bring costly High Court actions relating to rights or issues of EU law, in relation to water pollution the existing law is relatively well equipped to allow for more straightforward and accessible litigation. In particular, a readymade cause of action for eNGOS and individuals alike already seems to exist in section 10 of the Local Government (Water Pollution) Acts 1977-2007.