This morning (Wednesday 16th October 2024) the Supreme Court in London delivered its judgment in the matter of an application by Noeleen McAleenon for Judicial Review (AP (Appellant) (Northern Ireland). Ms McAleenon’s appeal was allowed.
The Appellant, Ms McAleenon, had applied for judicial review in the High Court against Lisburn & Castlereagh City Council (“LCCC”), the Northern Ireland Environment Agency (“NIEA”) and the Minister of the Department of Agriculture, Environment & Rural Affairs (“DAERA”) for failing to conduct proper investigations into complaints of nuisance odour carried by emissions attributed to Mullaghglass Landfill Site and failings to fix emission guidelines, limits or standards for the permit under which the site operated. The High Court finding against the Appellant was appealed to the Court of Appeal. The Court of Appeal dismissed her appeal and said that suing Alpha Resource Management Ltd (“Alpha”), operators of the site, was an effective alternative remedy.
Ms McAleenon appealed this finding and won her case today.
Harry Robinson of Phoenix Law who acts for Ms McAleenon said:
“Today, the Supreme Court found that our client was right to pursue the regulators of pollution. This is a significant finding for local residents in their continued efforts to protect the environment. Our client is now able to make her case to the Court of Appeal and have a full hearing on the merits of her argument. We hope that today’s judgment will help ordinary people hold regulators of pollution to account in environment cases going forward.”
Ms McAleenon said:
“I am thrilled about today’s ruling from the Supreme Court. I hope to continue my case at the Court of Appeal and that it will help ensure that my family and neighbours are protected from air pollution and its effects.”
