Ireland has been fined €5 million by theECJ over a wind farm in Co Galway constructed without an environmental impact assessment. The ECJ this morning ruled that Ireland was in breach of its responsibilities around the construction of a 70-turbine project at Derrybrien.
The saga dates back to October 2003 when a subsidiary of the ESB dislodged around half a million cubic metres of peat from the Slieve Aughty mountains during the early stages of construction of the wind farm.
Over a number of days, trees and debris flowed down the side of the mountain, causing a significant fish kill and disrupting life in the area. In the aftermath, deep channels were cut into the mountain, leading to a faster run-off of rainwater during the winters that followed.
In 2008, the ECJ found Ireland was in breach of its obligations and ordered that a retrospective EIA be carried out. The State argued the landslide had been caused by poor construction work, but the court found that it was because a proper assessment had not been carried out.
Following a July 2008 ruling IE was obliged to facilitate the operator of the wind farm in complying with EU law. However, the ECJ found the operator had not undergone that procedure nor had it been inititiated by the Irish authorities of their own initiative.
As such the European Commission took a second action for failure to comply with the ECJ obligations
The ECJ ruled that in light of the seriousness and duration of the failure to fulfil obligations, with more than 11 years having elapsed since the 2008 judgment without it being complied with, Ireland would have to pay the Commission €5 million...
And €15,000 per day until the 2008 judgment is complied with.
