1. GM potato trials face legal challenge
2. Legal challenge refused over first genetically modified potatoes

NOTE: In the first step of a legal case brought by organic producers and environmentalists to try to stop GM potato field trials in Ireland, an Irish judge has reportedly decided that the Aarhus Convention, which guarantees access to environmental information, participation, and justice, doesn't apply to Ireland because it hasn't yet been put into Irish law. 

We are not lawyers, but this opinion seems odd. Ireland is a member state of the European Union, which has signed up to Aarhus. We are under the impression that Aarhus is legally binding on all EU member states. So perhaps this is not the end of the story.
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1. GM potato trials face legal challenge
The Irish Times
29 Aug 2012
http://www.irishtimes.com/newspaper/ireland/2012/0829/1224323180598.html

THE FIRST steps were taken yesterday in a legal challenge to a decision by the Environmental Protection Agency (EPA) to allow genetically modified (GM) potato trials in Co Carlow.

A group of environmentalists and organic producers sought, but were refused, a High Court order allowing them to legally challenge the Teagasc trial without facing the possibility of having to pay "prohibitively expensive" costs if they lost their case.

The application was made by Co Kildare farmer Percy Podger on behalf of a group that included Green Party councillors Malcolm Noonan and Danny Forde and eight other organic producers and environmentalists.

Mr Justice Gerard Hogan said he had no jurisdiction to make such an order but allowed the group leave to give short notice to the EPA or Teagasc of their intention to challenge the costs issue.

The group is opposed to a decision of the EPA to allow Teagasc to carry out trials on a GM potato designed to resist late blight.

Mr Podger claimed that under article 9 of the Aarhus Convention on environmental matters the challengers were entitled to what was known as a "non-prohibitively expensive order" from the court.

The convention was ratified in June, and article 9 requires that people have the ability to challenge critical environmental decisions without facing the threat of large legal costs. The court heard the convention would, in advance of any challenge, protect the applicants from losing their homes or assets in the event of not succeeding in their challenge.

The judge said it was a matter for the applicants who appeared in court yesterday to decide if they would pursue the matter and who they wished to put on notice of their intentions. Mr Podger told the court that by putting third parties on notice the applicants were assuming a risk of costs.

In July the EPA gave Teagasc the go-ahead to carry out the trials. Teagasc said the trials would investigate whether there were long-term impacts associated with the specific GM crop in carefully controlled conditions.

The consent was subject to eight conditions, including management of the trials and reporting requirements.

There is a three-month judicial review period but Teagasc may proceed with the trials during that period, once it has met the conditions laid down by the EPA.

Mr Noonan said the group would study the judgment before deciding on a course of action.
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2. Legal challenge refused over first genetically modified potatoes
By Jennifer O'Leary
BBC News
28 Aug 2012
http://www.bbc.co.uk/news/world-europe-19399586

A group of campaigners in the Irish Republic has been refused a legal challenge over the first trial of a genetically modified potato crop.

In July, the Environmental Protection Agency (EPA) gave the go ahead for a GM blight-resistant potato crop to be tested in County Carlow.

The group sought approval from the High Court to take a case on the basis of the Arhaus [sic.] Convention.

The convention was ratified earlier this year by the Irish government.

Article nine of the convention requires that people have the ability to challenge critical environmental decisions, without facing the threat of large legal costs.

"Mr Justice Gerard Hogan said he had no jurisdiction to make such an order because the Arhaus Convention has yet to be put into Irish law," said Green Party Environment spokesperson, Cllr Malcolm Noonan.

"We don't regret taking the case and we will now consider our position."

Irish Green Party leader Eamon Ryan said: "Once you lose your GMO-free status there is no going back."

"We will no longer be able to brand all Irish foods as GMO-free and will lose a critical advantage in key export markets.

The EPA said it had given its approval for the scheme following a detailed examination and assessment.

The consent was subject to eight conditions including reporting requirements and management of the trials.

The agency said scientists would continue to monitor the land for four years after the trial.