The High Court has rejected claims that Roscommon Co Council has breached a court order regarding a proposed flood relief scheme.
Friends of the Irish Environment had alleged the council was in contempt of a court order made following the resolution of High Court proceedings it brought last August over the construction of a 3km pipeline.
The pipeline was designed to take water from Lough Funshinagh, a seasonal lake 12 km from Athlone and a protected site, to nearby Lough Ree.
In his judgement today, the Judge Garret Simmons held that the orders made last August did not preclude the council from seeking to carry out the flood relief works under a different statutory regime to the one that had been successfully challenged by FIE earlier this year.
The effect of that order was not to subject these lands or this particular project to a permanent form of policing by the court, still less to sterilisation, he said.
Justice Simmons added that the works approved in October were "significantly scaled back" from those that were the subject of the challenge last August.
However it was confirmed that the new works would utilise the part of the pipe that was subject to the challenge and remediation, which last August's order required to be sealed up or capped.
These steps are now to be reversed, as the proposed flood relief works authorised in October necessitate the removal of the cap.
In his written judgement, Justice Justice Simmons stated that it might appear that no sooner had the local authority carried out the remediation works than it immediately took steps to undo those works, he said.
The correct characterisation he added was "more nuanced." the fact that the local authority has obtained a fresh development consent under a different statutory regime than before, represents a significant change in circumstance.
Therefore he has stated the court was satsified to dismiss FIE's application in regards to alleged contempt.
Justice Simmons said that if FIE or anyone else wished to challenge the decision made by the council in mid-October to commence works, then they can bring judicial review proceedings.
On being informed that FIE may bring such an application the Judge directed it should be made before him.
