Baci Bedfordshire Ltd, R (on the application of) v The Environment Agency & Anor

The Environment Agency did not adopt the scientific error from the supporting information document in its decision-making; the permit conditions and decision document demonstrate compliance with Article 46(5) of Directive 2010/75/EU and the Environmental Permitting Regulations. The appeal fails as no legal error or mistake of fact by the regulator was established.

Parties: Appellant: BACI Bedfordshire Ltd.; First Respondent: The Environment Agency; Second Respondent: Covanta Energy Ltd.
Jurisdiction: England and Wales
Judgment Date: 19 November 2019
Procedural Posture: Judicial Review / Appeal Judgment
Outcome: appeal dismissed
Legal Topics: Environmental Permitting, Industrial Emissions, Mistake of Fact, Judicial Review, Margin of Appreciation

Environmental Law Administrative Law Environmental Permitting Industrial Emissions Mistake of Fact Judicial Review Margin of Appreciation

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Parties

BACI Bedfordshire Ltd.

Appellant

The Environment Agency

First Respondent

Covanta Energy Ltd.

Second Respondent

Procedural Posture

Judicial Review / Appeal Judgment

Legal Issues

1 Whether the environmental permit incorporated a scientific error from the application documents
2 Whether the Environment Agency made a mistake of fact in issuing the permit
3 Whether the permit complied with Article 46(5) of Directive 2010/75/EU

Ratio Decidendi

Court Disposition

appeal dismissed