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

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

The Environment Agency did not adopt Covanta's scientific error regarding the dissolution of heavy metals in IBA; the Agency's decision was based on its own expertise and assessment, and there was no error of law or irrationality in issuing the permit. The claim was therefore dismissed.

Parties
Claimant: BACI Bedfordshire Limited; Defendant: Environment Agency; Interested Party: Covanta Energy Limited
Jurisdiction
England and Wales
Judgment Date
06 November 2018
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Permitting, Industrial Emissions Directive, Mistake of Fact, Permit Conditions, Fugitive Emissions, Heavy Metals, Surface Water Contamination
Environmental Law Administrative Law Judicial Review Environmental Permitting Industrial Emissions Directive Mistake of Fact Permit Conditions Fugitive Emissions +2 more

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Parties

BACI Bedfordshire Limited

Claimant

Environment Agency

Defendant

Covanta Energy Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Environment Agency's decision to grant an environmental permit was vitiated by a mistake of fact or erroneous science regarding heavy metals in incinerator bottom ash (IBA)
  2. 2 Whether the Agency adopted the applicant's scientific error in its decision-making
  3. 3 Whether the Agency's assessment and permit conditions were irrational or unlawful

Ratio Decidendi

The Environment Agency did not adopt Covanta's scientific error regarding the dissolution of heavy metals in IBA; the Agency's decision was based on its own expertise and assessment, and there was no error of law or irrationality in issuing the permit. The claim was therefore dismissed.

Court Disposition

Claim dismissed