The Supreme Court has begun hearing an appeal by a Co Meath man against the High Court's rejection of his challenge to the granting of planning permission for an incinerator near Duleek.
In the High Court in November last year, Mr Justice Thomas Smyth dismissed Eric Martin's judicial review challenge on all grounds.
However, the judge referred to the Supreme Court for final determination an important point of law raised in the case that has implications for other environmental cases, including a challenge to the development of the State's first toxic waste incinerator at Ringaskiddy, Co Cork.
The Supreme Court is being asked to decide whether an EC Directive (EC 85/337) - relating to the carrying out of environmental impact assessments - has been properly transposed into Irish law. It is also being asked to reverse the High Court's refusal to refer the same point to the European Court of Justice.
Mr Martin argues that the legislative framework within which the decision by An Bord Pleanála to grant permission for the project was taken failed to comply with the requirements of the directive regarding the assessment of the effects of certain public and private projects on the environment.
Mr Martin contends that, because of the Irish legislative framework, the planning board inspector and the board itself was expressly precluded from considering the risk of environmental pollution arising from "the activity" of the plant. The board could only consider the risks of environmental pollution arising from "the construction" of the plant because consideration of the risk of pollution arising from the "activity" was a matter for assessment by the Environmental Protection Agency.
The issue for the Supreme Court to determine is whether this division of responsibilities between the board and Environmental Protection Agency adequately gives effect to the directive's requirement that an "integrated" assessment of the relevant matter should be carried out.
While the High Court rejected Mr Martin's claim that the directive had not been properly transposed, Mr Justice Smyth said the issue had implications for other legal cases and public projects and he believed it should be finally determined.
The 25 acre site of the proposed incinerator development at Carranstown is about three kilometres north of Duleek and some two kilometres from Donore village.
Mr Martin, of Newlanes, Duleek, is a retired production manager and a member of the No Incineration Alliance, a group of farmers, local residents and business people living in the vicinity of the proposed incinerator.
Meath County Council had in 2002 granted permission for the development, subject to certain conditions.
An Bord Pleanála held an oral hearing after which its inspector recommended permission be refused. However, the board decided on March 3rd, 2003, to grant permission.
Mr Martin appealed that decision to the High Court.