Yesterday, Friends of the Irish Environment, represented by Community Law & Mediation’s Centre for Environmental Justice, had its appeal concerning a challenge to the Irish Government’s Climate Action Plan 2023 rejected.
In taking this case, we argued that the Government had failed to show with a sufficient level of specificity that the Climate Action Plan 2023 and its Annex of Actions will reduce greenhouse gas emissions in line with Ireland’s legally binding carbon budgets, in breach of the Government’s legal duties under the Climate Action and Low Carbon Development Act 2015 (as amended).
While acknowledging that the climate crisis is “probably the single most important issue facing our society”, the Court of Appeal upheld the High Court ruling that the onus of proof required to demonstrate that the Government had acted in breach of the 2015 Act when adopting Climate Action Plan 2023 had not been discharged.
Encouragingly, the Court recognised that “citizen engagement is still a hugely significant element of the climate planning process” and that “it is vital that non-governmental organisations and others with a genuine interest in the issue can exercise their right of access to the courts to litigate bona fide concerns when they arise.”
The ability of the public to access justice and hold Government to account for inadequate climate action is more crucial now than ever. Ireland’s emissions are not decreasing rapidly enough to stay within the State’s legally binding 2025 and 2030 carbon budgets, as admitted earlier this year by Minister for Climate Darragh O’Brien when he acknowledged that current projections are that Ireland will fall significantly short of 2030 targets.
The Climate Change Advisory Council has described Ireland’s emissions trajectory as “falling far short of government targets”, and both it and the Fiscal Advisory Council have warned that Ireland may face fines of up to €26 billion if it does not reduce emissions in line with its obligations under EU law.
Concerningly, against this backdrop the Government is forwarding a number of proposals with the potential to undermine access to justice and the effectiveness of our climate legislation including disapplication of the ‘climate sense check’ under section 15 of the Climate Act to the LNG and Dublin Airport Passenger Cap Bills; sweeping restrictions on access to judicial review; and changes to rules regarding costs in environmental cases.
Friends of the Irish Environment and Community Law & Mediation remain committed to pursuing climate and environmental justice for all. Tony Lowes, a Director at Friends of the Irish Environment said:
“Actions speak louder than words. As the impacts of climate change worsen and the window to remain within 1.5C narrows, Ireland must prepare now for a fair and inclusion transition to a low-carbon society. We remain steadfast in our commitment to ensure the Government reduces emissions in line with its legal obligations”.
Further Information
About this case:
In 2023, a legal challenge was launched by Friends of the Irish Environment (FIE), represented by Centre for Environmental Justice at Community Law & Mediation, against the Irish Government over its Climate Action Plan 2023 (CAP 23). The case challenged the failure to show with a sufficient level of specificity that the CAP 23 and its Annex of Actions will reduce greenhouse gas emissions in line with Ireland’s legally binding carbon budgets. We argued that this is a breach of the Government’s legal duties under the Climate Action and Low Carbon Development Act 2015 (as amended).
Specifically, the case set out the following arguments:
- The Climate Action Plan 2023 and Annex of Actions is invalid as it does not comply with the requirements of sections 4(2)(a), 4(2)(b) and 4(3) of the Climate Action and Low Carbon Development Act 2015 (as amended).
- Firstly, the State has not “ensured” that the Plan is “consistent” with the Carbon Budget Programme contrary to the requirements of section 4(2)(a) of the 2015 Act.
- Secondly, the Plan does not contain a roadmap of actions that include the sector specific actions “that are required to comply with the carbon budget and sectoral emissions ceiling for the period to which the plan relates” (section 4(2)(b)(i) of the 2015 Act) or “that are required to address any failure or projected failure, to comply with the carbon budget and sectoral emissions ceiling for the period to which the plan relates” ((section 4(2)(b)(ii) of the 2015 Act).
- Finally, the Annex of Actions does not specify measures that will “in the Minister’s opinion, will be required for the first budget period in a carbon budget programme” for the purposes of section 4(3)(a) or the policies identified in 4(3)(b).
Ireland’s Climate Action Plan, and its Annex of Actions, is published annually. Its purpose is to set out a roadmap for meeting Ireland’s 2021-2025 legally binding carbon budget, that is, the total amount of emissions that may be emitted in the State during a five-year period.
The High Court outcome:
The case was heard before the High Court in January, and a judgment was issued on February 7th 2025. The case was unsuccessful in the first instance. The High Court did not agree that the applicant (FIE, represented by CLM) had provided sufficient evidence to demonstrate that the Climate Action Plan 2023 was inconsistent with the carbon budget. Although reports published by the EPA and CCAC highlighted the inadequacy of the Climate Actions Plan 2023, the High Court considered that expert evidence was also required.
Importantly, the High Court judgment did not find in favour of Ireland’s current ambition or track record on climate action, emphasizing that: “What this judgment most certainly is not is a finding that Ireland’s climate ambitions are on track” and that “urgent and significant additional action is required.”
The judgment provides helpful, though non-binding, recommendations to the Government in relation to the development of climate action plans. For instance:
- The High Court clarified that the requirement to ensure that the Climate Action Plan is “consistent with” the carbon budgets means that the Government must ensure consistency with an appropriately high level of confidence, as opposed to ensuring consistency with scientific certainty. The Court stressed that this doesn’t “water down the obligation to give detail,” noting that a “budget ultimately is meaningless without a bottom line, and a bottom line requires that all elements be quantified, even at an estimated amount.”
- The Court suggests that to ensure consistency with the carbon budgets with “high confidence” the Climate Action Plan could provide for “more reductions than the budget requires, to allow for a shortfall in implementation.”
- The judgment further suggests that when consulting the public on Climate Action Plans, the Department could publish a draft Plan to make the consultation process more meaningful.
However, in view of the negative outcome, the findings made by the Hight Court regarding the need for expert evidence, and on the legal requirements applicable to climate action plans, our clients Friends of Irish Environment appealed to the Court of Appeal seeking their views on the interpretation of the Climate Act.
The Court of Appeal hearing:
The appeal was heard on the 19 June 2025 by a three-judge division of the Court of Appeal comprising the President of the Circuit Court Ms. Justice Costello, Ms. Justice Butler and Mr. Justice Collins.
FIE and CLM asked the Court of Appeal to consider the following grounds:
- Whether the emissions reductions measures in the Climate Action Plan 2023 and Annex of Actions are sufficiently quantified, justified or explained as required by the mandatory obligations of the Climate Action and Low Carbon Development Act 2015 (as amended in 2021)?
- The nature of the obligations on the Government in relation to a Climate Action Plan (and Annex of Actions) under the Climate Action and Low Carbon Development Act 2015 (as amended in 2021), and in particular the requirement that the Minister “ensure” that the Climate Action Plan is “consistent with” the carbon budget programme.
- Whether expert evidence is required to demonstrate the absence of an explanation, justification or quantification in CAP 23 and the Annex of Actions
About Friends of the Irish Environment
Friends of the Irish Environment is an environmental non-governmental organisation which was formed in 1997 by a group of environmental activists who felt that European law was not being adequately recognised in Ireland and that community groups and individuals needed a way to connect with environmental activists. In 2021, Friends of the Irish Environment brought the successful legal challenge against the Government’s National Mitigation Plan. This landmark case, Climate Case Ireland, was the first of its kind in Ireland.
About Community Law & Mediation’s Centre for Environmental Justice
Community Law & Mediation is an independent community law centre and charity, working since 1975 with communities impacted by social exclusion, disadvantage and inequality, through the provision of free legal advice, advocacy, mediation and education services. In 2021, CLM established the Centre for Environmental Justice which works to ensure that no person or community is disproportionately impacted by climate change or other environmental harms, and that environmental measures and climate action protect and build equality and social justice.
