Laois group takes Coillte windfarm plan to European Court again

A group of Laois residents who are battling for over ten years to stop contruction of a nearby windfarm, have just won a second referral to the Court of Justice of the European Union.

People Over Wind (POW) from Cullenagh south of Portlaoise, say they are "challenging secrecy over state wind farm plans in Laois".

The determined community group has once again brought their fight for environmental transparency to Europe.

POW are defending their local mountain from Coillte’s proposed industrial wind farm at Cullenagh.

Coillte got planning permission in 2014 for 18 turbines which it says can power 20,000 homes. 

The case 2025 355 JR People Over Wind— People Over Wind v. Commissioner for Environmental Information and Coillte — centres on a long-running dispute over access to environmental information under the European Communities (Access to Information on the Environment) Regulations 2007–2014. It raises critical questions about the timeliness and transparency of how the Irish State handles requests from the public.

POW secretary is Paula Byrne.

“We asked one simple question: prove that this wind farm will genuinely help the environment and is worth the potential damage to Cullenagh’s wildlife, water, communities, and landscape. Especially when such projects have already pushed Ireland’s energy costs sky-high. Instead, of an answer, we experienced an endless process of request, refusal, appeal, remittal had left the request unresolved for nearly seven years.”

Solicitor Fred Logue represents People Over Wind.

“This case raises important issues concerning timely access to environmental information. The Aarhus Convention recognises that the public ought to have timely access to environmental information so that they can participate in environmental decision making and fulfil their duty to protect the environment. It is hoped that the Court of Justice will clarify the responsibility of appeals bodies such as the Commissioner for Environmental Information and how they should give effect to this obligation,” the POW's solicitor said.

The group say that years of delay in receiving information they requested sparked their renewed legal action.

They first sought information in November 2018, asking for details on economic analyses, board decisions, and project objectives behind Coillte’s windfarm proposal.

A High Court hearing on 20 October 2025 reviewed the protracted process which has dragged on for almost seven years and a judgment by Mr Justice Humphreys issued on 5 November has underscored the legal duty that environmental information must be provided “as soon as possible and within a reasonable time.”

The Court also outlined procedural steps for a potential reference to the CJEU, including timelines, coordination among parties, and oversight from EU institutions. A review of these arrangements is scheduled for 1 December 2025.

The Laois group have already made a major European impact on environmental law.

POW's landmark case, CJEU Case C-323/17 People Over Wind and Peter Sweetman v. Coillte Teoranta. is one of the most consequential environmental law rulings in recent decades.

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That decision reshaped EU environmental assessment law by confirming that developers cannot skip full environmental scrutiny by claiming mitigation will offset impacts in advance. The ruling was hailed across Europe for empowering communities and protecting sensitive habitats.

With barristers Patrick Leonard SC and Donnchadh Woulfe BL representing the group, POW vow to "continue to test the boundaries of environmental rights in Ireland, and reaffirm the public’s right to know".