The traditional "loser pays" rule in litigation was modified for environmental cases, meaning that each side bears its own costs even if they lose. This planning change will weaken the planning process and the role of judicial review as a key safeguard to protect the environment from ineffective planning enforcement. As a result, communities face a stark reality: Planning law, the most obvious route, is effectively closed to them. These obligations are enforceable through the courts and through the European Commission; nature protection law works where planning enforcement does not. Environmental law is filling a vacuum left by ineffective planning enforcement, not replacing it.

Source: Irish Examiner January 14, 2026 20:30 UTC