Ireland High Court dismisses challenge to Irish Cement waste incinerator licence in Limerick
Michelle Hayes, a Limerick solicitor and President of Environmental Trust Ireland, challenged the EPA's decision to grant Irish Cement a waste co-incineration licence at its Mungret factory in Limerick, allowing the burning of up to 90,000 tonnes of waste per year. The EPA granted the licence on 18 May 2021 following a six-day oral hearing in December 2020, and Hayes lodged Judicial Review proceedings at the High Court on 12 July 2021. A second judicial review was initiated by Sue Ann Foley, daughter of JP McManus, against the same EPA decision in July 2021. A seven-day High Court hearing took place from 10 to 19 May 2022 in the Commercial Court. In September 2022, Justice Michael Twomey ruled in Irish Cement's favour, upholding the licence.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court13 Jul
5 reports - Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Michelle Hayes, President of Environmental Trust Ireland, is seeking to revoke the EPA's waste co-incineration licence allowing Irish Cement to burn up to 90,000 tonnes of waste per year at its Mungret factory.
- The waste comprises whole tyres with metal components, animal waste tissue, manure, animal faeces, paint, adhesives, plastics, fly ash, waste refuse, and mine waste.
- Hayes claims the incinerator will have serious adverse impacts on human health and the environment, with emissions including heavy metals, sulphur dioxide, nitrogen oxide, dioxins, furans, and hexavalent chromium.
- Where
- The Irish Cement site is located on the suburbs of Limerick City West in a predominantly residential area with primary and secondary schools nearby.
- When
- The EPA granted the waste co-incineration licence on 18 May 2021 following a six-day oral hearing in December 2020.
- In court
- Hayes lodged Judicial Review proceedings at the High Court on 12 July 2021 against the EPA, Irish Cement, the Minister for the Environment, and the Attorney General.
- A second judicial review was initiated by Sue Ann Foley, daughter of JP McManus, against the same EPA decision in July 2021.
- A seven-day High Court hearing took place from 10 to 19 May 2022 in the Commercial Court, a special division of the High Court for cases worth over one million euro.
- In September 2022, Justice Michael Twomey ruled in Irish Cement's favour, upholding the licence.
- Other details
- Irish Cement described the changes as a €10m scheme vital for competitiveness and local jobs, and admitted at the December 2020 oral hearing that it was exceeding the sulphur dioxide limit set by the Industrial Emissions Directive.
- More than 3,000 people wrote to the EPA expressing concern about the environmental impact.
- Hayes will consider the judgment with her legal team before deciding on the next step.
47 statements extracted from the articles
- whatMichelle Hayes is President of Environmental Trust Ireland (limerickpost.ie)
- whatShe is seeking to revoke the Irish Cement licence allowing burning of up to 90,000 tonnes of waste per year (limerickpost.ie)
- whatThe challenge is against the EPA's decision to grant an incinerator licence to Irish Cement in Mungret (limerickpost.ie)
- whatThe licence is to burn 90,000 tonnes of waste (limerickpost.ie)
- whatThe waste comprises whole tyres with metal components, animal waste tissue, manure, animal faeces, paint, adhesives, plastics, fly ash, waste refuse and mine waste (limerickpost.ie)
- whatMs Hayes claims the incinerator will have very serious adverse impacts on human health and the environment (limerickpost.ie)
- whatEmissions will include heavy metals, sulphur dioxide, nitrogen oxide, dioxins, furans and other chemicals in high concentrations (limerickpost.ie)
- whatDirect discharges of water from the cement works and quarry go to the Bunlicky Clayfield Pond (limerickpost.ie)
- whatThe Bunlicky Clayfield Pond is later released to the Lower River Shannon Special Area of Conservation (limerickpost.ie)
- whatHexavalent Chromium released from the cement kiln is extremely toxic and carcinogenic (limerickpost.ie)
- whatThe Industrial Emissions Directive prescribes that Sulphur Dioxide levels will not exceed 50mg (limerickpost.ie)
- whatIrish Cement admitted at the oral hearing in December 2020 that it was exceeding the sulphur dioxide limit (limerickpost.ie)
- whatIrish Cement was on its second derogation from the terms set out in the EU Directive (limerickpost.ie)
- whatThe waste that can be incinerated includes whole tyres with metal components, animal waste tissue, manure, animal faeces, paint, adhesives, plastics, fly ash, waste refuse, and mine waste. (limerickpost.ie)
- whereMungret is 20km from Adare Manor golf resort, which is due to host the 2027 Ryder Cup. (limerickleader.ie)
- whereThe project is at Irish Cement's Mungret factory. (limerickleader.ie)
- whereThe Irish Cement site is located on the suburbs of Limerick City West (limerickpost.ie)
- whereThe area is predominantly residential with primary and secondary schools nearby (limerickpost.ie)
- whereThe Irish Cement site is located on the suburbs of Limerick City West in a predominantly residential area with primary and secondary schools nearby. (limerickpost.ie)
- whenThe High Court challenge is set to commence on 10 May 2022 (limerickpost.ie)
- whenThe EPA granted the waste co-incineration licence on 18 May 2021 (limerickpost.ie)
- whenThe EPA decision followed a six-day oral hearing in December 2020 (limerickpost.ie)
- courtMichelle Hayes's Judicial Review hearing is due to be heard on 26 July. (limerickleader.ie)
- courtHigh Court proceedings were initiated against the EPA's decision to grant Irish Cement a licence. (limerickleader.ie)
- courtThe case was heard at the High Court in Dublin. (limerickleader.ie)
- courtThe EPA granted the licence following an oral hearing in December. (limerickleader.ie)
- courtMichelle Hayes lodged Judicial Review proceedings against the EPA, Irish Cement, the Minister for the Environment and the Attorney General. (limerickleader.ie)
- courtThe case was expected to be listed before the High Court at the end of July 2021. (limerickleader.ie)
- courtThe deadline to appeal the EPA's decision fell on 14 July 2021, eight weeks after the regulator's determination order. (limerickleader.ie)
- courtThe case is due to commence for seven days in the Commercial Court (limerickpost.ie)
- courtThe Commercial Court is a special division of the High Court for cases worth over one million euro (limerickpost.ie)
- courtSince proceedings were instigated in July 2021, the case has been in court at least seven times (limerickpost.ie)
- courtA seven-day High Court hearing is underway (limerickpost.ie)
- courtThe High Court hearing lasted seven days from May 10 to May 19, 2022. (limerickpost.ie)
- courtThe case was transferred to the Commercial division of the High Court on the application of Irish Cement. (limerickpost.ie)
- otherMore than 3,000 people wrote to the EPA expressing concern about the environmental impact. (limerickleader.ie)
- otherIrish Cement described the changes as a €10m scheme vital for competitiveness and local jobs. (limerickleader.ie)
- otherThe EPA decision cleared the way for Irish Cement to switch from fossil fuels to solid recovered waste and alternative fuels at Mungret. (limerickleader.ie)
- otherIrish Cement's co-incineration project is worth €10 million. (limerickleader.ie)
- otherIrish Cement plans to use a mixture of solid recovered waste and used tyres instead of fossil fuels. (limerickleader.ie)
- otherMore than 3,000 people wrote to the EPA expressing concerns about the environmental impact. (limerickleader.ie)
- otherHayes initiated the action on her own behalf. (limerickleader.ie)
- otherIrish Cement had already secured permission to build storage facilities from An Bord Pleanála. (limerickleader.ie)
- otherThe Minister for the Environment is opposing the application (limerickpost.ie)
- otherThe EPA, Irish Cement, Environment Minister Eamon Ryan and the Attorney General are opposing the application (limerickpost.ie)
- otherHayes will consider the judgment with her legal team before deciding on the next step. (limerickpost.ie)
- otherA spokesperson for Irish Cement said it would not be appropriate to comment as the matter remains under legal process. (limerickpost.ie)
The reporting
newest first- 15 Sep2022High Court rules on waste incinerator
Reports the High Court ruling delivered in the week of 12 September 2022 and Michelle Hayes' reaction and comments on the decision.
victim, Michelle Hayes, female, irish (judged from name)Michelle Hayes - 13 May2022Limerick solicitor's High Court challenge to Irish Cement incineration licence
Provides details of the seven-day High Court hearing, the composition of the 90,000 tonnes of waste, the location of the plant near residential areas and schools, and Ms Hayes' specific arguments about air emissions (heavy metals, dioxins, hexavalent chromium) and water discharges to the Lower River Shannon SAC, including Irish Cement's admission of exceeding sulphur dioxide limits.
victim, Michelle Hayes, female, irish (judged from name)Michelle Hayes - 25 Feb2022Date set for Limerick woman's High Court challenge to Irish Cement
Announces the court date (10 May 2022) for the High Court challenge to commence in the Commercial Court, and quotes Michelle Hayes on the opposition from the EPA, Irish Cement, Environment Minister Eamon Ryan and the Attorney General.
victim, Michelle Hayes, female, irish (judged from name)Michelle Hayes - 14 Jul2021High Court proceedings lodged over Irish Cement's plans for co-incineration at Limerick plant
Reports the initial lodging of Judicial Review proceedings by Michelle Hayes at the High Court on 12 July 2021, confirming the case was expected to be listed at the end of July 2021, that the deadline to appeal the EPA's decision fell on 14 July 2021 (eight weeks after the determination order), and that Hayes initiated the action on her own behalf.
victim, Michelle Hayes, female, irish (judged from name)Michelle Hayes - 13 Jul2021Second High Court review sought over Irish Cement's Limerick plans
Second judicial review initiated by Sue Ann Foley (daughter of JP McManus) against the same EPA decision; Michelle Hayes's hearing set for 26 July 2021; deadline to appeal the EPA's determination order fell on Monday, eight weeks after it was made.
victim, Sue Ann Foley, female, irish (judged from name)Sue Ann Foley