As COP29 gets underway, the Centre for Environmental Justice is calling for Ireland to lead by example on the global stage by meeting its legally binding climate responsibilities at home. 

“Ireland has a proven track record of leading and building consensus during the annual COP negotiations and we welcome the appointment of Eamon Ryan as one of the EU’s lead negotiators on climate finance this year’s conference.  

However, we also require leadership through tangible actions on the ground. Ireland’s emissions are not decreasing rapidly enough to stay within the confines of the State’s own legally binding 2025 and 2030 carbon budgets and successive Climate Action Plans have fallen short on implementation. The cost of failing to meet these obligations could exceed €8 billion for the period up to 2030. 

As a developed country with a strong capacity to transition towards a climate-neutral economy, Ireland has a responsibility to demonstrate global leadership on climate action. The new Government, when it is appointed, has a legal and ethical duty to ensure the State adheres to its obligations on climate change, to protect children, citizens and communities from the most dangerous impacts of the climate crisis.”  

The community law centre is currently involved in two significant legal challenges of Ireland’s record on climate action and it is also supporting NGOs Climate Action Network Europe and Global Legal Action Network in a climate case against the European Commission which stands to be the first in which the European Court of Justice scrutinises the adequacy of the EU’s climate targets.    

Ireland’s record on emissions reductions  

Despite being among the smallest countries in the European Union, Ireland ranks second highest in emissions per capita. Ireland’s emissions are not decreasing rapidly enough to stay within the confines of the State’s own legally binding 2025 and 2030 carbon budgets. The latest projections of the EPA (May 2024) forecast a significant overshoot of between 17 and 27 per cent of the first two carbon budgets (2021-2030). Any overshoot of the first five-year budget must be carried forward to reduce the following five-year budget.  

Successive Climate Action Plans have fallen short of implementation. As per the Government’s progress report on CAP23, 35% of the proposed actions were left unaccomplished. Notwithstanding this shortfall, CAP24 fails to outline strategies for compensating for these implementation gaps or ensuring compliance with the carbon budgets. 

CLM’s climate and environmental casework 

CLM is involved in a growing number of climate and environmental cases, including a groundbreaking climate and human rights case challenging government inaction on climate change.

The applicants in this case, Community Law & Mediation, a grandfather, a youth climate activist, and a child, seek a declaration from the Court that the Government is not complying with what it has set out in its own law, the Climate and Low Carbon Development Act 2015 (as amended).  

We argue that the Climate Action Plan 2024 (CAP24), the instrument by which the Government sets out the roadmap for meeting Ireland’s legally binding carbon budget, fails to meet the legal standards set by the Oireachtas and so undermines the State’s efforts at effective climate action in line with Ireland’s legal obligations.  

We believe CAP24 is not in compliance with the first carbon budget or the carbon budget programme and was prepared, submitted and approved in breach of the 2015 Act. In addition, we argue that CAP24 violates the fundamental rights of the three individual applicants, marginalised groups that CLM works with, and future generations, as protected by the Constitution of Ireland 1937, the European Convention on Human Rights and the European Union Charter of Fundamental Rights. 

CLM is taking this case on behalf of low income and marginalised communities that that we work with, and younger and future generations, all of whom stand to be most impacted by climate change but have least opportunity to protect or vindicate their rights.  

This case was granted leave to proceed by the High Court on 9^th September 2024, and we currently await a hearing date. 

A separate challenge by Friends of the Irish Environment, supported by CLM, of the Climate Action Plan 2023, specifically the failure by the Government to show with a sufficient level of specificity that the Climate Action Plan and its Annex of Actions will reduce greenhouse gas emissions in line with Ireland’s legally binding carbon budget. The hearing date for this case is 28^th January 2025.

CLM is also supporting NGOs Climate Action Network Europe and Global Legal Action Network in a climate case against the European Commission which stands to be the first in which the European Court of Justice scrutinises the adequacy of the EU’s climate targets.  The aim of this case, which was announced on 27^th August 2024, is to increase the EU’s climate ambition by 2030, by requiring the Commission to revise Member States’ annual emissions allocations under the Effort Sharing Regulation.   

Why is climate litigation important? 

Climate litigation is a critical tool in enforcing and enhancing the climate obligations of governments, public and private organisations in the face of failure to meet emissions reductions targets and the increasingly visible impacts of climate change.  

In 2022, the Intergovernmental Panel on Climate Change (IPCC) recognised the role of litigation in affecting “the outcome and ambition of climate governance”. 

The last decade has seen a surge in climate litigation worldwide as a growing number of communities take action to secure their human rights and hold governments, fossil fuel companies and others accountable. 

About Community Law & Mediation and our Centre of 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. CLM also provides a specialist children’s law service to support young people and their families. 

Appointments for our free legal advice clinics on environmental and/or children’s rights can be booked by contacting 01 847 7804 or filling in the clinic form here.