Harte Peat argued some land considered by High Court not being extracted when EPA brought application
Ms Justice Mary Faherty said Harte Peat was correct in submitting that it did not need an Integrated Pollution Control licence for peat extraction limited to an area of about 26 hectares. Photograph: iStock
The Environmental Protection Agency had contended, and the High Court agreed, that the extraction activities were licensable as the aggregated hectarage of the firm’s “hydrologically linked” peatlands exceeded the 50-hectare limit. There was “no legal basis” for the High Court to grant the injunction as the extraction area did not exceed 50 hectares when the EPA’s injunction application was initiated in March 2021, the court ruled. Ms Justice Faherty said the High Court injunction, granted in the spring of 2022, will remain in place pending final orders in the appeal.
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