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The Irish High Court has overturned the approval granted to Aughinish Alumina’s expansion plan for its Bauxite Residue Disposal Area (BRDA) by 8 million cubic metres. Citing review gaps, the court sent the red mud project back to An Coimisiún Pleanála (ACP) for fresh consideration.
{alcircleadd}The proposal would have allowed the largest alumina refinery in Europe, in County Limerick, to increase the capacity of its bauxite residue or red mud storage facility. The capacity ramp-up would have added another 22,500 cubic metres of salt cake, enabling continued refinery operations on the Shannon Estuary until 2039.
The decision follows a successful judicial review brought by the Limerick-based Environmental Trust Ireland (ETI), which expressed doubt over ACP's approval issued in March 2025.
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Fresh review recommended
In a ruling delivered by Mr Justice David Holland, the court did not conclude that the proposed development posed unacceptable environmental risks. Instead, the judge found that additional assessment was required before a lawful planning decision could be made.
The judge stated: “The judgment does not find that the proposed development poses unacceptable risk – as to either flood risk or risk of seepage of alkaline effluent through its base.”
He added that these matters remain for the planning authority to determine, but that “further and better consideration of those issues is required to inform a lawful decision whether the proposed development should be permitted.”
Concerns over flood risk and seepage
The proposed expansion would increase the height of sections of the BRDA by up to 12 metres. Aughinish Alumina already operates two existing phases of the residue storage area.
The court found that ACP did not adequately consider provisions contained within the Limerick County Development Plan, particularly its Strategic Flood Risk Assessment (SFRA).
A second ground for quashing the permission was based on concerns over seepage. The court remained doubtful over ACP's conclusion that alkaline seepage through the facility's base would remain insignificant throughout the operational life of the project.
The Cappagh Farmers Support Group, a farmers' association, also raised concern about the project, pointing out that adding another 8 million cubic metres of residue could pressurise existing embankment walls constructed from crushed rock.
The group also mentioned the potential implications for farming activities, biodiversity, and both human and animal health.
Must read: Key industry individuals share their thoughts on the ALuminium LeaderSpeak 2026
Second setback for the project
The court ruling marks the second time the High Court has overturned planning permission for the BRDA expansion.
ACP had initially approved the project in October 2024 but later withdrew the decision after discovering the inspector's report recommending approval had been generated via an artificial intelligence (AI) software. As a result, both electronic and hard-copy versions of the report were discarded.
A revised approval was issued in March 2025, which has now also been set aside by the court.
Aughinish Alumina has been pursuing planning approval for the residue storage expansion for nearly five years, having first submitted the proposal directly to ACP in 2021.
The Irish High Court has provisionally indicated that ETI should recover its costs, with the matter scheduled to reappear before the court on July 6.
The verdict has come at a time when Aughinish Alumina is facing and intensified push for halting Aughinish Alumina exports to Russia. The latest update follows Ireland’s Minister of State, Seán Canney, extending his support for potential EU sanctions, provided the ongoing investigation proves the Russia-bound alumina shipments being used in military purposes is legitimate.
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