Environmental Impact Assessment Course

The School of Law, Trinity College Dublin and Professor Yvonne Scannell are delighted to announce the second in the series of this intensive environmental law courses - Environmental Impact Assessment will take place on Thursday, 27 June 2024.

Date of Event:	Thursday, 27 June 2024
Time:	9:45 am - 5:00pm
CPD Hours/Points:	5 points / hours
Venue:	Arts Building , Trinity College Dublin, Dublin 2.

About

This intensive training course, the second in a series of four, is organised by the School of Law, Trinity College Dublin under the directorship of Professor Emerita Yvonne Scannell. All lecturers are experienced and distinguished in this area of law.

Programme of Events

09:00 - 09:40	Registration

09:45 - 10:15	Introduction to EIA Professor Yvonne Scannell Objective of EIA. The EIA Directives. Nature and extent of duty of public authorities to implement. How the State has allocated this obligation. How far does this obligation go? Liability for not requiring an EIAR. What is a development consent ? What projects are required to be subjected to EIA? Project splitting to avoid EIA. Are all projects which have a significant effect on the environment required to be subjected to EIA? When is EIA not required? Do ancillary aspects of non- EIA projects have to be screened? Screening for EIA. What and how much information is required? Must the public be involved in screening decisions? What are the factors to be taken into account in screening? Can mitigation measures be taken into account? What is a likely significant effect? What is a significant effect on the environment? What is the environment for the purposes of the EIA Directives? Must reasons be given for screening decisions?

10:15 - 11:00	The EIA Process in the Planning System Jeanie Kelly, Arthur Cox, Solicitors What should an EIAR cover? Must projects be scoped? Must the public and NGOs be consulted in scoping? Is the public authority bound by its scoping requirements? Time limits for scoping. The contents of the EIAR. Must effects of projects with a “functional” connection with the project for which consent is sought be described. How to deal with multistage projects. What does the duty “to have regard” to mean? What does the duty to “consult” mean? How to approach effects on biodiversity in the light of the new requirement in the Wildlife (Amendment) Act 2023. . How to deal with effects on climate in the light of the requirements of Climate Action and Low Carbon Development Acts 2015 to 2021. The direct and indirect effects of projects. Must upstream and downstream effects of projects be described in an EIAR? What alternatives have to be described.? Must the environmental effects of alternatives considered be described. What are mitigation measures? Can mitigation measures be taken into account?

11:00 - 11:30	*Morning Break*

11:30 - 12:15	The Actual EIA Assessment Professor Yvonne Scannell What must the assessment cover? Is public participation required? How to deal with objections and representations of the public, associations, and bodies with specialist expertise. What are the qualifications to be an NGO? Must anonymous objections or objections by fictitious characters be taken into account? The deference to be given to views of the public and private bodies with environmental expertise. Does the fact that EIAR identifies a significant effect mean that consent must be refused for a project? The tests for scientific evidence. Conflicting scientific evidence. What is the position if a derogation licence to disturb a protected species is required? The requirements for a proper assessment . Adopting the inspector’s report or the report by some other expert. The acceptability of relying on “outside” expertise to assess. Meeting the requirement for reasons for decisions. How are mitigation measures enforced? What is the position if two or more competent authorities are required to carry out EIA at difference stages of a project? The remedial obligation and substitute consent.

12:15 - 13:00	EIA at the Coalface- Real Life Experiences Kevin O’Regan, Malone O’Regan Environmental Kevin O’Regan will describe his practice’s experience with EIA projects including its experience with the Kilkenny Cheese case and will suggest how best to comply with EIAR requirements.

13:00 - 14:30	Lunch Break (not provided)

14:30 - 14:15	The Lessons to be learned from Recent Judicial Reviews David Browne SC An examination of some of the leading EIA cases in Ireland and the EU and of the lessons that can be learned from them by an eminent author and practitioner with vast experience in the area.

15:15- 15:45	*Afternoon Break*

16:00 - 17:00	Case Study There will be a written scenario to emphasise important lessons from the Course and to encourage questions in an open discussion. It consists of various problematic situations and you will be asked for your solutions. Model answers will be supplied at the end. This can be great fun. Chatham House Rules apply.

The right to alter/rearrange/substitute speakers in reserved. It is possible that the afternoon sessions will be reversed so that the case study is first.

Lecturers

David Browne, Senior Counsel, is a leading environmental senior counsel. He is the author of the seminal text Simons on Planning and Development Law and of the Law of Local Government. Few others have his depth of knowledge and experience in the area.

Jeanie Kelly, Solicitor is a senior associate in the Planning and Environmental Law Group in Arthur Cox where she has had extensive experience of reviewing and advising on EIARs for many major projects. She has
advised clients at all stages of major infrastructure projects including oral hearings and commercial litigation, particularly in the areas of planning and environmental judicial reviews and injunctions and climate litigation.

Kevin O’Regan is the Managing Director of Malone O’Regan Environmental . He is an expert in Environmental Engineering and is also qualified in Environmental Law. His firm has been involved in many of the largest public and private sector EIA projects in the last 10 years. He also worked in the environmental area in the US and UK.

Prof. Yvonne Scannell is a retired professor of Environmental and Planning Law but she is still active in the field. She has written seven books on Environmental law including Environmental and Land Use Law and has been widely recognised internationally as a leading European Environmental Lawyer. She is a former member of the European Council for Environmental law and of the prestigious Avocetta Group.

Reservations / Fees

Reservations:

Please complete this booking form or email name, company and contact details for the delegate (s) attending to lawevent@tcd.ie or by telephone at 01-896 2772.

Fees: Fees are inclusive of tea/coffee breaks, lunch is not provided.