Ministers O’Brien and Chambers sign regulations to give effect to scale of fees for environmental judicial reviews

Regulations will bring clear, predictable cost framework for applicants taking judicial reviews and public bodies paying costs

Minister for Climate, Energy and the Environment Darragh O’Brien and Minister for Public Expenditure, Infrastructure, Public Services Reform and Digitalisation Jack Chambers have today signed regulations to give effect to introducing a scale of fees for environmental judicial reviews.
These regulations were provided for in Section 294 of 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, where the review was upheld, a public body was liable for legal costs of the successful applicant. This brought about unpredictable costs for the taxpayer and often negative environmental outcomes, such as the stalling of renewable energy projects. The 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 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.
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. This makes the system more practical and can also support positive environmental outcomes. This includes the renewable energy development we so badly need to offset the volatility of imported fossil fuel costs.”
Minister Chambers said:
“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. 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.”
Following a public consultation on the proposed cost framework, changes introduced into the regulations include a different fee breakdown for standard, complex and very complex cases, and a new section to reflect a fee structure where the case is broken down into several modules.
The regulations will come into effect on Monday, 18 May 2026.