A community group has won a High Court fight against An Bord Pleanála’s approval of Aughinish Alumina’s proposed expansion on the Shannon estuary.
Futureproof Clare challenged the decision to allow the Russian-owned aluminium refinery to expand their waste disposal area near two protected nature sites.
The plant was built on the Limerick bank of the Shannon in 1983 and is now the biggest bauxite refinery in Europe producing 1.9 million tonnes of alumina a year.
Read more: Aughinish Alumina given €2.1 million in public funds to treat 'red mud' dump
With that output comes 50-75 million tonnes of rising ‘red mud’ stored in open pits covering a 450-acre site next to the Shannon.
Campaigners raised serious concerns about the impact the ‘towering monstrosity’ could have if allowed to expand their waste disposal area.
Some of those living in its shadow called for a public inquiry into its possible health and environmental impacts outside the Dail in July.
Despite their pleas, Aughinish Alumina’s parent company, Rusal, was given permission to raise the height of its mud dump to 44 metres, increase its hazardous salt cake disposal area to 35 metres and blast rock to extend the ‘borrow hole’.
We understand An Bord Pleanála conceded the subsequent judicial review on Futureproof Clare’s point that they failed to take into account An Taisce’s submission about the expansion to the board.
The case has been adjourned for two weeks while the parties discuss remittal of the application to ABP.
Futureproof Clare’s solicitor, Eoin Brady from FP Logue, said: “This is a significant result for Futureproof Clare, who had considerable concerns with regard to the process by which An Bord Pleanála granted permission for what would in effect be an extension in the duration of the Aughinish Alumina facility, with an increase in the associated environmental emissions and waste created and deposited on the banks of the Shannon Estuary.
“It shows the important role judicial review plays in ensuring that those with responsibility for carrying out environmental assessment of major industrial development such as that at Aughinish do so in a legally compliant way.”
FPC’s Sinéad Shehan said: “This is a hugely important result.
“However, while Rusal are still operating, we cannot rest.
“We believe there are more serious environmental issues around the operation of the refinery that need to be challenged and we intend to hold Rusal, and those responsible for overseeing and consenting their continued operations, to account.”
Emma Karran from FPC added: “Aughinish Alumina has been in operation for around 40 years and during this time has produced millions of tonnes of environmental waste and laid them on the banks of the River Shannon in close proximity to a Special Area of Conservation.
“At this time of environmental crisis with the awareness of the increasing problem of river pollution in Ireland, we cannot stand back and silently witness the continued build up of bauxite waste within metres of the Shannon estuary.
“If the refinery resubmits the application to expand its waste disposal area, we will continue to resist it.
“The proper course of action now for Rusal and the various competent authorities is to wind down operations at the facility and begin the proper remediation of the massive waste stockpile and the contaminated land on Aughinish island.”
A spokesperson for An Bord Pleánala said "as this is a matter before the Courts, it would not be appropriate to comment".
Aughinish Alumina employs around 480 full time staff and a further 385 contractors.
An Environmental Impact Assessment on its expansion application said unless expansion permission was granted the company would not be able to operate past 2030.
We also reported in September how the plant was given €2.1 million in public funding to treat its ‘red mud’ dump near the Shannon.
It came just three years after the European Commission ruled €10 million in tax breaks for the firm were “illegal” State aid.
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