A proposed €1.2 billion data centre complex in Co Clare is facing potential roadblocks. A recent High Court action alleges that the approval of the project is inconsistent with climate action aims. The claimants – three local environmentalists and two non-governmental organisations, Friends of the Irish Environment and Futureproof Clare—are concerned with the failure in providing any greenhouse gas mitigation strategies for the centre and the failure to act rationally in granting the planning permission by An Bord Pleanála.
They are troubled by the abrupt surge in the number of data centres across the country and their significant electricity and water usage. Consultancy firm Bitpower confirmed that as of the previous year there were 82 data centres across the Republic, their energy consumption paralleling that of all urban residences over the year 2022, as reported by the Central Statistics Office.
This legal action brings into focus pertinent public policy questions on climate justice, highlighting that there is no legal basis for sectors to be immune from the scruitiny on compliance with emission reduction targets while others bear the brunt. Their argument is informed by the most recent amendments to the Climate Action and Low Carbon Development Act from 2015, updated in 2021.
Art Data Centres Ltd, the company behind the new plant, plans to establish six data halls on 145 acres (1.3 million sq ft) of land on the eastern fringes of Ennis. They predict the development will provide between 400 and 450 permanent positions, increasing to 1,200 during the six-year building phase. The project, six years in planning, strategic evaluation, and zoning, received final endorsement last April.
Petitioners, Colin Doyle, Martin Knox, and Christine Sharp, locals whose professions range from air quality specialist to environmental activist, alongside the two non-profit organisations, are demanding the cancellation of An Bord Pleanála’s permission in their High Court action. The five plaintiffs, represented by FP Logue solicitors, argue that the board ignored key elements of the climate action plan and other environmental goals.
In the recent court hearing led by Justice Richard Humphreys, barrister Damien Keaney emphasised the necessity of promptly concluding the case. Keaney expressed that his employer, the property developer, was eager to see the issue resolved promptly. Humphreys postponed the hearing until the following week, during which time the plaintiffs will petition for permission to continue their challenge.
Ian Lumley, an affiliate of the Friends of the Irish Environment group, gave a sworn statement declaring that the unchecked expansion of data centres could potentially negate the efforts to mitigate emissions in varying sectors of the economy and society. Lumley outlined that the individual data centre under discussion would consume a large percentage of the country’s permissible greenhouse gas emissions quota.
Lumley further indicated that recent legal changes have imposed a greater commitment on An Bord Pleanála to factor environmental impacts into its decision-making process. This anticipates its duties being carried out in line with the latest governmental Climate Action Plan, provided it is feasible.
The Climate Action Plan aspires to a 51% decrease in greenhouse gas emissions by 2030, compared to 2018 figures. Yet, recent surveys indicate Ireland is significantly deviating from this goal. The lawsuit asserts that approval of data centres without proof of their contribution towards achieving national climate goals contradicts the amended 2015 Act.