Deadline: 17:30 on Thursday, 15 January 2026
What’s This Consultation About?
The Department of Climate, Energy and the Environment is consulting on proposed regulations to set a scale of fees (with a €100,000 cap) for costs payable in certain environmental judicial review cases, under section 294 of the Planning and Development Act 2024.
This proposal could significantly change how environmental litigation works in Ireland — and who can afford to bring a case.
Read More About the Proposal Here
Why Your Submission Matters
In litigation, costs typically “follow the event,” meaning that the successful party is entitled to recover its costs from the losing party.
However, this general rule is subject to several exceptions, one of which arises in environmental proceedings.
Under the Aarhus Convention, of which Ireland is a signatory, access to justice in certain environmental matters must not be prohibitively expensive. In these environmental proceedings, each party bears its own costs.
The Minister for Climate, Energy and the Environment, Darragh O’Brien (‘the Minister’) opened the Consultation on the regulation of costs payable in matters prescribed on foot of section 294 of the Planning and Development Act 2024 (Scale of Fees) (‘the Consultation’) on 3 December 2025.
The Consultation proposes the introduction a scale of fees for environmental judicial reviews provided for in the Planning and Development Act 2024. The scale of fees would be payable to successful applicants in certain environmental law judicial review cases, and the scale would have a cap of €100,000.
Environmental organisations have raised serious concerns about this approach.
Why There’s Concern
An Taisce and Friends of the Irish Environment (FIE) have formally called for the Consultation to be halted. They argue that:
- The proposed fees cap would discourage or prevent public interest environmental litigation
- High litigation costs already act as a major barrier to public participation
- The proposal may be unlawful under EU law and international law, including the Aarhus Convention
- The Consultation period is very short, with limited accessible information for the public
According to these organisations, the proposal could “effectively stop most public interest environmental litigation” in Ireland.
Why You Should Get Involved
This Consultation affects:
- Access to justice
- Environmental protection
- Public participation in planning and development decisions
Whether you’re a legal professional, an environmental advocate, or a concerned member of the public, your views matter. Submissions can influence how (or whether) these proposals move forward.
How to Make a Submission
You can share your views on the proposed scale of fees and the €100,000 costs cap by submitting before the deadline:
Deadline: 17:30 on Thursday, 15 January 2026
By email:
aarhus@dcee.gov.ie
By post:
Aarhus Convention Team
Department of Climate, Energy and the Environment
Tom Johnson House
Haddington Road
Dublin 4
D04 K7X4
Even a short submission can make a difference. This is a rare opportunity to shape how environmental justice works in practice — don’t let it pass quietly.
