Court actions

More court actions for Corrib, as Pyle retires as Shell MD

Áine Ryan 

SHELL’S rejection of a proposal by a number of Erris residents, and three local priests, of a compromise, onshore location for the Corrib refinery means the company may now be tied up in complex litigation for the coming years, as well as more confrontations with the local community, it has emerged.

Mr Vincent McGrath, of the Rossport Five, told The Mayo News at the weekend, he anticipates that ‘protracted legal cases will be taken right up to the Supreme Court’ regarding the already applied for Compulsory Acquisition Orders (CAOs) for the new route, as well as actions over other matters regarding the necessary derogation of SACs (Special Areas of Conservation) and SPAs (Special Heritage Areas). 

However, the newly-appointed Managing Director of Shell E&P Ireland, Mr Terry Nolan, reiterated the company’s response in an Irish Times column on Saturday last that ‘the well-intentioned suggestions’ the refinery be moved ‘are completely unrealistic’.

“The proposed pipeline route strikes the best balance between community concerns, the environmental issues and the technical constraints, it was chosen following a rigorous process examining all options. The route may not be perfect in everyone’s eyes. No route is perfect,” wrote Mr Nolan.

Meanwhile, Mr McGrath referred to An Bord Pleanála’s finding in 2002, which asserted that ‘it has not been demonstrated that the remote siting of an onshore processing terminal, eight kilometres inland from the landfall, constitutes the best alternative.

“The proposal to move the refinery site to Glinsk was genuine but also feasible, as borne out by [former Bord Gáis engineer] Leo Corcoran. He said last week that the Glinsk onshore alternative was ‘technically feasible’ and had the advantages of not being adjacent to a drinking water catchment and of needing an onshore production pipeline,” said Mr McGrath, referring to an article by Lorna Siggins in The Irish Times on Thursday last.

Mr McGrath also observed that the large Garda force deployed to Bellanaboy to police the protests on the public road in recent months will be faced with different rights-related matters if they enter the private lands and commonage of those not consenting to the new pipeline route.

Last November over 20 commonage shareholders in Rossport and Muingnabo took a case to Belmullet District Court objecting to RPS (Shell consultants) entering their lands to carry out tests, including borehole drilling. Judge Mary Devins ruled that proper notification was not given to landowners nor was their consent sought under the Gas Act 1976. The judge said ‘the constitutional right of the landowner was paramount’ and prohibited entry until the provisions were adhered to.

In yet another busy week for the controversial project, it was also announced by Shell that Andy Pyle is about to hand over the reins of Managing Director to Terry Nolan and, furthermore, the largest single piece of equipment, to be used at the refinery – a methanol still – was transported across the country, arriving in Erris last Friday.