(26 May 2026)
The Irish government could face legal action if it proceeds with plans to lift the passenger cap at Dublin Airport without fully assessing the climate and human rights impacts associated with the cap lift, according to a major new legal opinion commissioned by Opportunity Green.
The legal opinion, prepared by barrister Tim Johnston of Brick Court Chambers, warns that the proposed Dublin Airport (Passenger Capacity) Bill 2026 could leave the state vulnerable to litigation on multiple fronts, including breaches of climate obligations, inadequate environmental assessment, and failures to protect the rights of communities living near the airport.
The government approved priority drafting of the legislation earlier this year to allow the Minister for Transport to amend or remove Dublin Airport’s current 32m passenger limit. As it is, the airport handled a record 36.4m passengers in 2025, in breach of the cap. The Bill would also prevent any future passenger cap from being introduced.
The legislation as currently drafted exempts the Minister from its obligation under Section 15 of the Climate Action and Low Carbon Development Act 2015 to have regards to key Irish climate laws when exercising its powers.
Opportunity Green’s legal opinion warns that:
- Increasing passenger numbers to just 40m annually would increase aviation emissions by 24%, adding an extra 580,495 tonnes of CO2 equivalent emissions by 2034. Lifting the passenger cap would significantly worsen Ireland’s already widening gap in meeting legally binding climate targets and create wider consequences for future infrastructure and planning decisions across the state, potentially constraining future governments and public authorities in meeting carbon budgets and climate target.
- Communities living near Dublin Airport, if not adequately consulted and protected, will suffer severe impacts from the increased flights’ intensifying noise pollution and deteriorating air quality, which would directly impact their human rights. A recent ruling in the Netherlands found the Dutch government acted unlawfully by failing to adequately protect residents living near Schiphol Airport from aircraft noise pollution based on this provision.
Opportunity Green says the Bill currently provides no meaningful mechanism for assessing or mitigating these consequences and would therefore expose the Irish government to significant litigation risks, especially in light of growing international legal precedent linking climate inaction to breaches of human rights law, including landmark rulings from the European Court of Human Rights, the Dutch Supreme Court and the recent advisory opinion of the International Court of Justice.
In his opinion, Tim Johnston states that it is “at least possible to argue” that Ireland’s failure to meet climate targets, combined with a decision to remove the cap while circumventing climate obligations, could amount to a breach of Article 8 of the European Convention on Human Rights which is the right to protection of private and family life.
Sorcha Tunney, Senior Manager Ireland at Opportunity Green said:
“Ireland risks facing similar legal challenges if the legislation proceeds without significant changes. This legal opinion sends an extremely serious warning to government. Attempting to carve Dublin Airport expansion out of Ireland’s climate laws does not remove the state’s legal obligations. It simply pushes the consequences downstream and increases the risk of litigation.
“The direction of travel internationally is now unmistakable. Courts across Europe are increasingly holding governments accountable where climate inaction threatens human rights and public health.
“Removing the passenger cap without fully assessing the climate, environmental and community impacts would expose the Irish state to significant legal vulnerability at precisely the moment Ireland is already struggling to meet its climate commitments.”
The organisation is urging the government to substantially revise the legislation to ensure it complies with Ireland’s domestic and international legal obligations, and includes a robust assessment of the climate, environmental and human rights consequences of any decision to lift the cap including a full and transparent consultation process with local communities and a comprehensive Environmental Impact Assessment covering all aviation-related emissions, including so-called Scope 1, 2 and 3 emissions.
ENDS
Notes to editors
- The legal opinion was commissioned by Opportunity Green and prepared by Tim Johnston of Brick Court Chambers.
- Dublin Airport handled approximately 36.4m passengers in 2025 despite the existing 32m passenger cap.
- The Dublin Airport (Passenger Capacity) Bill 2026 is currently undergoing final drafting and pre-legislative scrutiny.
- Opportunity Green is an NGO working to unlock opportunities from tackling climate change through law, economics and policy.
