EU
Regulation to 'stop-the-clock' on due diligence for batteries for two years
The Council of the EU's position on the proposal to simplify due diligence rules for batteries has been approved by the Committee of Permanent Representatives. It is proposed to postpone (from 18 August 2025) the application of due diligence obligations for those placing batteries on the EU market by two years. The Commission is to publish due diligence guidelines one year before the obligations take effect and companies will be required to publish reports on compliance every three years, instead of annually. The institutions will now negotiate to agree on a final version, with the European Parliament intending to reach an agreement swiftly.
European Council adopts a position on proposed amendments to the Water Framework Directive
The European Commission proposed amendments to the Water Framework Directive to introduce measures related to food waste generation and textile waste management. The amendments would establish binding targets for Member States to reduce food waste amounts by the end of 2030 at a national level, in comparison to the annual average generated between 2021 and 2023. For textiles, it is proposed to introduce mandatory extended producer responsibility requirements, introduce general rules for the management of used textiles and textile waste, and tackle the illegal shipment of textile waste. The European Parliament must now formally adopt the proposed amendments. Member States will have 20 months to transpose the legislation.
European Commission proposes amendment to the EU Climate Law
As mentioned in our Energy section, the European Commission has proposed an amendment to the EU Climate Law which would set a target of reducing net greenhouse gas emissions by 90% by 2040, compared to 1990 levels. The Commission indicates that the EU is on track to meet the 2030 target of a 55% reduction. The proposal to set a climate target for 2040 will be submitted to the European Parliament and Council through the ordinary legislative procedure.
European Commission launches new initiatives in preparation for the Circular Economy Act
The Commission expects the Circular Economy Act to be approved in 2026. In preparation, it has released new initiatives. A digital waste shipment system will replace paper procedures across the EU from 21 May 2026 to simplify operations, improve traceability and curb illegal shipments. The Commission is also consulting until 31 October 2025 on harmonising the classification of "green-listed" waste, to facilitate shipments across borders.
The Commission has published an evaluation of the Waste, Electrical and Electronic Equipment Directive. The Circular Economy Act will revise the Directive in order to make better use of electronic waste, for example by recovering and recycling critical raw materials and improving collection, treatment and market incentives.
DOMESTIC UPDATES
Government approves proposed legislation to amend the Air Pollution Act
The Government approved a proposal to amend the Air Pollution Act 1987 to increase protections for members of the public and to strengthen the power of local authorities to prevent the commercial sale and supply of non-compliant solid fuels. The amendments will be proposed in the Air Pollution (Amendment) Bill 2025.
Government approves publication of bill to amend the Planning and Development Act 2024
The Government approved a bill, which we discussed last month, to introduce time-limited amendments to the Planning and Development Act 2024. One key proposal is a provision to extend the duration of planning permissions for housing developments nearing the end of their duration. Another provision will provide that, where a permission granted under the Planning and Development Act 2000 has been judicially reviewed or is judicially reviewed, the period of the judicial review will no longer be counted as part of the life of the permission. This provision is already in place for permissions which will be granted under the Planning and Development Act 2024. The Government intends to enact the bill before the summer recess.
New Planning Standards for Apartments are published
The Planning Design Standards for Apartments, Guidelines for Planning Authorities (2025) are intended to facilitate the delivery of more housing units. The guidelines include policies on, inter alia, the permitted mix of units in developments, internal space standards for different types of apartments, ceiling heights, storage spaces and dual aspect ratios.
DOMESTIC JUDGMENTS
Supreme Court upholdsthe Court of Appeal's decision to grant an extension of time for the judicial review of a planning decision
An Board Pleanála (the Board) granted permission for a telecommunication mast in Co. Kilkenny. The respondents considered challenging the permission within the eight-week period for planning challenges, but decided not to do so. They ultimately issued judicial review proceedings more than a year after the eight-week period had expired, following a review of similar planning decisions, which the respondents alleged indicated bias and other issues in the Board's operations. The High Court's decision to grant an extension of time was upheld by the Court of Appeal. The Board was granted leave to appeal this decision to the Supreme Court.
An extension of time can be granted under section 50(8) of the Planning and Development Act 2000, where the Court is satisfied that: i) there is good and sufficient reason for doing so, and ii) the reasons for the delay were outside of the control of the applicant for the extension. The Supreme Court noted that the allegations against the Board involve issues about its operation over a number of years, and go beyond one planning decision. The Supreme Court found that, although certainty and finality are very important in the context of planning decisions, public interest was outweighed by the serious allegations against the Board.
In terms of the reasons for the delay, the High Court found that the respondents had sufficient information to bring proceedings by mid-August 2022. Proceedings were brought on 28 November 2022. The Supreme Court considered that it was relevant that the respondents sought to identify further important information after mid-August, by way of Access to Information on the Environment (AIE) requests, and that this delay goes to the Court's discretion. The Court considered that the delay must be considered "as part of the holistic overview of all relevant circumstances". The Board's appeal was dismissed, which means that the judicial review against the Board's grant of permission can proceed.
Court of Appeal rejects argument that the Environmental Protection Agency must assess the environmental impacts of off-site spreading of poultry waste
The Environmental Protection Agency granted an industrial emissions ("IE") licence to the notice party for intensive poultry rearing at an installation in Limerick. The appellant asserted that the EPA erred in granting the licence and brought an application to quash the decision. The challenge failed in the High Court, and was appealed to the Court of Appeal.
The applicant argued that the EPA was required to assess the environmental impacts of spreading poultry waste off-site as part of the IE licencing process. The applicant argued that intensive poultry rearing cannot be separated from the generation of waste and its use off-site. The Court considered the IE licencing regime, which is set out in the Environmental Protection Agency Act 1992, noting that the intensive rearing of poultry is governed by the Act, but that land spreading of poultry litter or other fertilisers does not expressly fall under the regime. This activity is generally regulated by the Department of Agriculture, Food and the Marine in accordance with the Nitrates Directive and Regulations.
The Court concluded that the EPA correctly defined the ambit of its statutory and regulatory power in not assessing, authorising and regulating the final end-use of the poultry litter and water wash. It also concluded that the IE licence only authorised on-site activities at the installation, and not on other lands: "The essential point is that the activity to be assessed is the activity capable of being licensed under the First Schedule to the 1992 Act - "the rearing of poultry in installations where the capacity exceeds 40,000 places."" Finally, the Court found that the EPA is not obliged to conduct individual assessments of off-site lands on which poultry litter and water wash might be spread. The appeal was dismissed.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
