Warrior Lawyer Profile: Kieran Cummins

Pioneering Environmental Justice In Ireland, One Case at a Time

Kieran Cummins is an Irish horticulturalist, paddleboarder, photographer and musician. He is also a solicitor, director of the group Friends of the Irish Environment (FIE) and founder of the NGO Eco Advocacy. Additionally, he sits on the Human Rights & Equality Committee of the Law Society of Ireland and Meath County Council’s Strategic Policy Committee. 

Cummins’ work reflects his commitment to promoting sustainable practices, conserving biodiversity, and ensuring that planning and environmental laws are enforced. His advocacy is not limited to the courtroom. It includes educating the public on environmental issues through lectures, training sessions in schools and community outreach.

He uses his training as a solicitor to hold both government entities and private companies accountable for their actions or lack of action. Through his various roles, he promotes the idea that environmental protection should be enshrined in Irish law and he advocates on issues regarding planning, biodiversity, sustainability, conservation and policy. He also promotes increased regulation in the areas of quarrying and fracking. Despite not being afforded political support or adequate funding, Cummins has continued to pursue environmental justice.

Friends of the Irish Environment was founded in 1997 by a group of activists who felt that European climate law was not being recognized in Ireland. The non-profit company was established under Irish law in 2001 and focuses its attention on monitoring the development of EU law, working for changes in Irish planning laws, encouraging the implementation of the right to full public participation in environmental decision making and seeking proper implementation of environmental laws. 

Cummins was involved in a landmark case dubbed “Climate Case Ireland” through FIE. The case concerned the country’s National Mitigation Plan, which the Irish government had put forward to meet its climate goals under Irish law. FIE argued that this plan was insufficient and violated Irish citizens’ human rights. 

Although it refused to consider the rights-based claims, the High Court deemed the plan insufficient to reach the goal of reducing greenhouse gas emissions by 80% by 2050, and noted that the plan lacked ambition and specificity. 

This case not only forced the government to reconsider its plan, but also set a precedent that cases such as this can be justiciable and successful. It emphasizes the power of the judiciary and the people in holding governments accountable for not only their actions, but also their inaction regarding climate change. As Clodagh Daly, a member of FIE, said : "for the highest national court of law to give [a] unanimous ruling in our favour is just so momentous.”

This decision is particularly novel when we consider a previous 2017 case in which the Courts ruled that FIE lacked standing to sue, exemplifying the initial reluctance of the Irish courts to hear cases of this nature. That case challenged Fingal County Council’s decision to grant a five-year extension to Dublin Airport for their planning permission regarding the construction of a new runway. 

The High Court’s judgment did, however, recognize that the Irish Constitution includes an unenumerated right to an environment consistent with human dignity and well-being. While the decision was not the outcome FIE had hoped for, it marked a turning point in the Irish courts’ openness to matters such as these and laid the groundwork for the subsequent Climate Case Ireland.

Kieran Cummins’ work through both Friends of the Irish Environment and Eco Advocacy exemplifies his dedication to environmental justice, solidifying his role as a key figure in shaping Irish environmental law. His efforts in holding both the government and corporations accountable have led to major successes, including the Climate Case Ireland, which forced the government to rethink its climate plan. 

Even with challenges like limited political support and funding, Cummins’ persistence has helped raise awareness and inspire legal action on environmental issues. His work proves that the law can be a powerful tool for protecting the planet, and his example encourages others to get involved in the fight for a more sustainable future.