Shannon Airport could be closed down if the High Court upholds a complaint against Aer Rianta.
Independent Kerry County Councillor Billy Leen has applied to the Court because millions of gallons of untreated effluent is being discharged into the Shannon Estuary from the new Aer Rianta terminal at the airport.
But Mr Paul Sreenan SC, for Aer Rianta, said the primary reason behind the application by Cllr Leen for an order preventing the discharge of the effluent was to prevent US troops landing at Shannon.
This was not an application brought for conservation reasons, told the High Court.
Mr Justice McKechnie today heard that millions of gallons of untreated water was being discharged into the Shannon Estuary from the new terminal.
Cllr Leen is seeking an order prohibiting the discharge pending the provision of a satisfactory effluent treatment system.
Mr Michael O'Donnell, for Mr Leen, said the respondents accepted that the effluent being discharged was not being treated. He said there had been no compliance with the conditions for the building of the terminal.
Counsel added that Mr Leen was entitled to bring the proceedings irrespective of any concerns he may have over the war in Iraq.
In an affidavit, Cllr Leen said the area into which the water is being discharged was a special area of conservation and one of the most important ecological sites within the EU.
The court heard that it was planned that Clare Co Co would connect into the Shannon Free Airport Development Company treatment plant and the Aer Rianta terminal building would be linked into this but the plan had not worked out.
Mr Sreenan said Aer Rianta had now put in an application for their own waste water treatment plant which would be completed in December 2004.
Mr Leen had stated in a newspaper article that the primary reason for his action was to stop US troops going through Shannon Airport, Mr Sreenan claimed. Mr Leen had argued that allowing the troops use Shannon placed the whole mid West area at risk and made it a target.
Mr Justice McKechnie today reserved judgment on the application.