Yates-Taylor v Environment Agency & Ors

Yates-Taylor v Environment Agency & Ors

All four grounds of challenge are unarguable: the Agency's error on Article 6(3) was immaterial as the correct considerations were applied; public responses are not 'information' required to be considered under Article 9.2; the approach to CO2 emissions was lawful; and the public participation provisions were lawfully transposed and complied with. The application for judicial review is dismissed.

Parties
Claimant: Yates-Taylor; Defendant: Environment Agency; 1st Interested Party: WRG; 2nd Interested Party: Secretary of State for the Environment
Jurisdiction
England and Wales
Judgment Date
08 June 2010
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Application for judicial review dismissed
Legal Topics
Environmental Permitting, Public Participation, Persistent Organic Pollutants, Emission Limits, Costs in Judicial Review
Environmental Law Administrative Law Judicial Review Environmental Permitting Public Participation Persistent Organic Pollutants Emission Limits Costs in Judicial Review

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Parties

Yates-Taylor

Claimant

Environment Agency

Defendant

WRG

1st Interested Party

Secretary of State for the Environment

2nd Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Environment Agency failed to give priority consideration to alternative processes avoiding POPs under Regulation 4(b) of the POPS Regulations 2007 and Article 6(3) of the EC POPS Regulation
  2. 2 Whether there was a failure to obtain and consider public responses to the local planning authority's statutory consultations under Article 9.2 of the IPPC Directive and schedule 7, paragraph 5(1)(b) of the Environmental Permitting Regulations 2007
  3. 3 Whether the Agency failed to impose an emission limit or equivalent parameter for CO2 contrary to Article 9(3) of the IPPC Directive

Ratio Decidendi

All four grounds of challenge are unarguable: the Agency's error on Article 6(3) was immaterial as the correct considerations were applied; public responses are not 'information' required to be considered under Article 9.2; the approach to CO2 emissions was lawful; and the public participation provisions were lawfully transposed and complied with. The application for judicial review is dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Claimant to pay the Environment Agency £2,500 for the costs of filing the Acknowledgement of Service