THE QUEEN (ON THE APPLICATION OF NEW EARTH SOLUTIONS (WEST) LIMITED) v ENVIRONMENT AGENCY

THE QUEEN (ON THE APPLICATION OF NEW EARTH SOLUTIONS (WEST) LIMITED) v ENVIRONMENT AGENCY

The Environment Agency was entitled to classify the waste operations as a D9 disposal operation, considering both physico-chemical treatment and subsequent landfill. SITA does not apply to D9 operations. The Agency's expert judgment is afforded a margin of appreciation, and no error of law was found in its assessment. The claim fails.

Parties
Claimant: New Earth Solutions (West) Limited; Defendant: Environment Agency; Interested Party: NOAH Solutions AS; Interested Party: Norwegian Environment Agency
Jurisdiction
England and Wales
Judgment Date
19 July 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Transfrontier Shipment of Waste, Waste Classification, Judicial Review, Recovery Vs Disposal, Competent Authority Discretion
Environmental Law Administrative Law EU Law Transfrontier Shipment of Waste Waste Classification Judicial Review Recovery Vs Disposal Competent Authority Discretion

Case Brief

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Parties

New Earth Solutions (West) Limited

Claimant

Environment Agency

Defendant

NOAH Solutions AS

Interested Party

Norwegian Environment Agency

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the waste operations in Norway should be classified as disposal or recovery under EU and UK law
  2. 2 Whether the Environment Agency acted unlawfully in withdrawing consent for export of hazardous waste
  3. 3 Whether substitution of APCr for virgin limestone constitutes a recovery operation

Ratio Decidendi

The Environment Agency was entitled to classify the waste operations as a D9 disposal operation, considering both physico-chemical treatment and subsequent landfill. SITA does not apply to D9 operations. The Agency's expert judgment is afforded a margin of appreciation, and no error of law was found in its assessment. The claim fails.

Court Disposition

Claim dismissed