A Mayo widow will ask the High Court on Monday to grant an order stopping all works related to the construction or operation of a gas pipeline at Erris, Co Mayo, in connection with the Corrib gas field development.
The application for the interlocutory order (one continuing pending the outcome of full legal proceedings) was moved yesterday by Mr Peter Bland for Ms Mary Philbin, of Rossport South, Ballina, Co Mayo.
Mr Justice McCracken, noting there had been "an ongoing row" associated with the development, directed that Enterprise Energy Ireland Ltd, developer of the Corrib field, be notified of the injunction application. The judge said he would return the matter to Monday.
On June 26th, the High Court refused to continue an interim order which had been granted to Ms Philbin on June 6th, restraining certain works at Glengad and at Rossport South relating to the pipeline.
Mr Justice Ó Caoimh, noting that the company had sworn uncontradicted evidence that the stopping of the works was costing it € 85,000 a day, held the balance of convenience was against continuing the order.
Yesterday, Mr Bland said works had resumed three days ago. He was contending these works did not have the necessary permissions from the Minister for Communications, Marine and Energy.
In the proceedings seeking the order restraining all works connected with the pipeline, Ms Philbin will ask for a declaration that the Minister for the Marine has made no decision on an application by Enterprise in connection with the Corrib gas field development under the provisions of the Gas Act, 1976 or under the Foreshore Acts. It is also argued the Minister has made no decision on an application by Enterprise for approval of a Plan of Development under the Petroleum and Other Minerals Development Act.
It will also be argued the company is not entitled to begin the construction or developments of any works associated with the pipeline in the absence of certain decisions by the Minister for the Marine.
