RESIDENTS of Kill, Co Kildare, who lost their case against the construction of the State's biggest dump, yesterday asked the High Court to refer it to the European Court of Justice in Luxembourg.
Mr James O'Reilly SC, for the objectors, said if the matter were referred to Europe he was seeking a stay on the High Court's order rejecting the residents' case. When the matter was last before the court, Mr Justice Barr had said preparatory work could proceed on the dump.
One of the complaints by the residents is that An Bord Pleanala, when granting permission for the dump, did not have an Environmental Impact Study (EIS) on the effects of gravel and sand removal from the site.
Mr Justice Barr yesterday said referral of the matter to the European Court could result in a two and a half years' delay.
Mr O'Reilly said the suggestion in an affidavit by Mr Frank Coffey, county engineer of South Dublin Co Council, was that "we will be swimming in slime and filth if this (dump) does not go ahead". In the real world there had to be other options. Any delay might he unfortunate but he did not think it would affect the merits of his clients' application.
Mr Justice Barr said that if it was held the dump ought not to be used then it could be closed and appropriate action taken to cover it up.
Mr O'Reilly said the damage would have been done by then.
The judge said it would be in the interests of all that the problem be resolved as soon as possible without the need for expensive, continuous litigation.
After the European Court decision, the matter was going to come back. If the local authorities applied again for permission and, if necessary, the matter went before An Bord Pleanala with a new EIS, and if the board granted permission again, then the residents would have won a Pyrrhic victory.
Mr Justice Barr suggested the matter might go back to An Bord Pleanala with a revised EIS. It would be a net issue, agreed by the parties and with evidence from experts. That, presumably, could be done in a matter of months.
He said it appeared to be a practical answer to the problem and he asked the parties to consider it overnight.
The hearing continues.