Since the mid-1990s, waste and the sustainable use of resources is at the heart of domestic and European policy and regulatory reform. The delivery of waste services and infrastructure is inherently more complex than the provision of many other forms of other strategic infrastructure. Waste streams are diverse, and their management requires consideration of a wide range of environmental, technical, economic and market-related issues. Waste treatment options are often controversial and proposals for significant-scale waste infrastructure tend to generate opposition.
Arthur Cox has extensive experience advising on development and operation of major waste projects as well as regulation of the waste sector. We advise clients on biowaste, waste to energy, waste recycling and recovery, industrial scale composting as well as waste management initiatives in areas of particular focus at a European level. We advise and represent REPAK, WEEE Ireland, and advised the Department of the Environment, Heritage and Local Government on End of Life Vehicles.
The Group advises on the full range of issues relevant to regulatory authorities and the producers, collection service providers, recovery and disposal operators active in the waste management industry, including:
- Domestic and European waste regulation.
- Delivery of waste infrastructure, including landfill, waste-to-energy, waste transfer station, materials recovery and composting projects.
- Licensing, permitting and planning for waste disposal or recovery infrastructure.
- Transhipment of waste across national boundaries
- Producer responsibility initiatives for packaging waste, waste electrical and electronic equipment (“WEEE”), end-of-life vehicles and farm plastics.
- Unlawful or illegal dumping
- Liability for waste related pollution and contaminated lands
- Litter pollution control
- Biowaste developments
- Advising and acting for Bioverda in its application for a biomass waste to energy facility in County Cork, including representing Bioverda at the oral hearing held by An Bord Pleanála into the proposed development.
- Providing strategic advice and legal representation to Indaver Ireland in the first public oral hearings held by the Environmental Protection Agency into waste-to-energy projects proposed for Counties Cork and Meath and continuing to represent Indaver Ireland in related third party litigation in connection with these projects. These are the only such incineration projects to have received planning permission and waste licences in Ireland.
- Advising the DONG Energy Generation A/S, in its successful bid for the proposed PPP Dublin waste-to-energy facility, including construction, operational, contractual and regulatory matters (including environmental impact assessment and obtaining planning and environment approvals) for the largest such facility proposed in Ireland.
- Representing the largest private waste infrastructure provider in Ireland, Greenstar, in defending third party legal challenges to the approval for engineered residual waste landfill facilities in Counties Galway, Kildare, Meath and Wicklow – including in the Commercial Court of the Irish High Court.
- Acting for Glancré Teoranta in legal proceedings before the Commercial Court to challenge a decision refusing it planning permission for a waste recovery facility in County Mayo.
- Advising the Office of Environmental Enforcement of the Environmental Protection Agency on the enforcement powers available to public authorities and on the legal basis for liabilities risk assessment, residuals management planning and financial provisions underwriting these risks.
- Advising and acting for REPAK, the only approved waste packaging compliance body in Ireland.
- Advising and acting for WEEE Ireland, the only Government approved waste electrical and electronic equipment regulation body in Ireland.
- Acting for Cork County Council and Cork City Council in respect of the PPP Cork Waste Recovery Facility Project.
- Advising several interested parties in connection with the establishment in Ireland of compliance schemes for waste electrical and electronic equipment (“WEEE”), including regulatory authorities, schemes, producers, importers and retailers of electrical and electronic equipment (“EEE”)
- Advising developers, vendors, purchasers and financiers in connection with contaminated land issues in relation to, for example, the redevelopment of the former Dublin Gas Works at Sir John Rogerson’s Quay within the Grand Canal Dock, the Tynagh Mine, the former Arklow IFI site, the former Whitegate Oil Refinery and retail petroleum filling stations within the Esso, Irish Shell and Statoil portfolios.
- Advising on licensing the use of wastes, including meat and bone meal, as a fuel within the combustion processes existing industrial facilities, including within the powergen and other sectors.
- Advising the holders of integrated pollution prevention and control licences about waste management practices and related dealings with the Environmental Protection Agency as their regulatory authority including within the powergen, building materials, medical devices, pharmachem, food and drink industry sectors.
- Advising different relevant parties in connection with the alleged illegal dumping of waste at locations throughout the Country, including in Counties Galway, Kilkenny, Tipperary and Wicklow.