An Taisce seeks judicial review of Ireland's sixth NAP
An Taisce has filed an application in the High Court seeking a judicial review of Ireland's sixth Nitrates Action Programme (NAP).
The sixth NAP, which will run until the end of 2028, was signed by the Minister for Housing, Heritage and Local Government James Browne in early December.
The legal proceedings from An Taisce also challenge the Good Agricultural Practice (GAP) Regulations which give effect to the programme.
In addition, the environmental group is seeking a reference to the Court of Justice of the European Union (CJEU) to determine the validity of the European Commission’s decision to grant Ireland's nitrates derogation.
An Taisce
The new challenge builds on the ongoing legal case taken by An Taisce against the fifth NAP.
The outcome of the existing legal case was highlighted by the EU Commission when granting the new nitrates derogation as a key future consideration in relation to any further derogation requests.
An Taisce said the decision to issue new legal proceedings is "based on the undisputed evidence of continuing deterioration of water quality in Ireland".
"We have not taken this case lightly. It is a challenge to a flawed and unlawful process," Dr. Elaine McGoff, An Taisce's head of advocacy, said.
"The public at large are strong in their view that clean water should be a national priority. The government is clearly not listening," she added.
The legal proceedings claimed that the NAP was adopted without publishing the legally required Strategic Environmental Assessment (SEA) Statement.
This is a document that must set out how environmental concerns were taken into account before the programme was finalised.
The proceedings also focus on what the group claims is "the unexplained reclassification of the Habitats Directive assessment process".
"Unlike previous NAPs, the sixth NAP was classified as a ‘management plan’ for European protected sites – a designation that allowed the minister to exclude the vast majority of its substantive measures from full Appropriate Assessment, with the rationale that they were necessary for the management of these protected areas," An Taisce said.
NAP
An Taisce is also challenging the NAP’s compliance with the Water Framework Directive.
It cited data from the Environmental Protection Agency (EPA) from August 2025 identifying ongoing elevated nitrogen (N) levels across major river catchments in the south-east.
An Taisce argues that if the High Court quashes the NAP, as per the application, then the commission’s decision to grant Ireland a nitrates derogation would also fall.
This, the group said, is because the derogation was explicitly granted on the basis of the validity of the sixth NAP and the GAP Regulations.
"We understand very well that any challenge to the Nitrates Action Programme could have profound implications for landowners who have expanded and invested in agricultural production on foot of successive government promises and incentives.
"However, we cannot ignore the necessity to protect two of the essential ingredients for flourishing rural life and agriculture - clean water and uncontaminated soil – which are no less critical to the viability of agriculture today and which must be preserved for future generations.
"These have not been given the priority or protection that the public expect," Dr. McGoff said.
Agriland has contacted the Department of Housing, Heritage and Local Government for comment.
