New rules that will place a limit on the legal costs to the state when environment-related judicial reviews are upheld are now in force.

According to the government, the regulations "will provide a clear, predictable cost framework" for applicants taking judicial reviews and public bodies paying costs.

The regulations were signed off by Minister for Climate, Energy and Environment Darragh O'Brien, and Minister for Public Expenditure, Infrastructure, Public Services Reform and Digitalisation Jack Chambers.

These regulations were provided for in the Planning and Development Act, which was passed by the Oireachtas in 2024.

Up to this point, if a judicial review was taken on environmental law grounds, and the review was upheld, a public body was liable for the legal costs of the successful applicant.

According to the government, this brought about "unpredictable costs" for taxpayers and often negative environmental outcomes, such as the stalling of renewable energy projects.

The new regulations identify the type of judicial review proceedings to which they apply, and specify a scale of costs to be awarded to applicants, subject to judicial discretion, for a successful applicant, the government said.

The government also said that the regulations do not limit access to justice or constrain the right of individuals or communities to challenge decisions, which "remains a central part of our planning process".

The new regulations come into effect from today (Monday, May 18).

Following a public consultation on the proposed cost framework, changes introduced in the regulations include a different fee breakdown for standard, complex and very complex cases.

Commenting on the new regulations, Minister O'Brien said: "Ireland has a strong record in Europe for compliance with environmental law, and that won't change.

"Introducing manageable and predictable legal costs ensures a streamlined system that balances environmental concerns with the greater public good," Minister O'Brien added.

"This includes the renewable energy development we so badly need to offset the volatility of imported fossil fuel costs," he said.

Minister Chambers commented: "The implementation of this regulation is a critical element of the reforms agreed by government in the Accelerating Infrastructure Report and Action Plan.

"Specifically, it creates a clear, predictable cost framework, replacing a system that is uncertain, inconsistent and costly," he added.

"It does so while ensuring that successful applicants still recover their costs under a transparent scale of fees, preserving access to justice. This will support infrastructure delivery, including that infrastructure we need to improve environmental outcomes," Minister Chambers said.

Environmentalist reaction

The new regulations have been criticised by environmental groups and organisations.

The Environmental Pillar, a national network of such groups, claimed that the regulations "will be catastrophic for environmental and climate protection".

The organisation said that the move is "regressive and represents a heavy blow to public accountability and the quality of environmental decision-making".

The Environmental Pillar claimed that the regulations "effectively...puts the state in control over who can and who can’t afford to go to court and seek justice and observance of the law by our public bodies".

Karen Ciesielski, coordinator of the Environmental Pillar, said the regulations "create an increasingly difficult and uncertain terrain for judicial review".

Ciesielsk claimed: "Without decent representation, ordinary people and small environmental groups don't have access to justice."

Similar concerns had been raised by An Taisce and Friends of the Irish Environment, who had urged the government to scrap the proposed changes earlier in the year.

A statement from the two groups said: “The regulation of legal costs is a critical factor allowing members of the public and organisations to go to court to protect the environment by enforcing environmental law."

According to that statement, the new rules “would not only effectively stop most public interest environmental litigation, but [are] unlawful under EU law and international law that Ireland has signed up to”.