Upstream greenhouse gases – in or out of environmental impact assessment?
The High Court (Court) decision in An Taisce — The National Trust for Ireland v An Bord Pleanála & Ors [2021] will be of assistance to environmental impact assessors, to legal practitioners and those preparing environmental impact assessment reports (EIARs). It provides some useful guidance on understanding the concept of “indirect effects” under the EIA Directive in the context of Greenhouse Gases (GHG), particularly “upstream” GHGs, and will assist with decision-making on what scope of GHGs to include in EIARs or Environmental Impact Assessments (EIAs).