Misbourne Environmental Protection Ltd, R (On the Application Of) v Environment Agency [2021] EWHC 3094 (Admin) (19 November 2021)

Misbourne Environmental Protection Ltd, R (On the Application Of) v Environment Agency [2021] EWHC 3094 (Admin) (19 November 2021)

The Environment Agency lawfully exercised its technical and professional judgment in assessing risks, defining 'temporary' effects, and determining permit requirements; no arguable legal error or ground for judicial review exists.

Citation
[2021] EWHC 3094 (Admin)
Parties
Claimant: Misbourne Environmental Protection Limited; Defendant: Environment Agency; Interested Party: HS2 Limited; Interested Party: Align JV
Jurisdiction
England and Wales
Judgment Date
19 November 2021
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Permission refused
Legal Topics
Water Framework Directive, Groundwater Abstraction, Environmental Permitting, Judicial Review Procedure
Environmental Law Administrative Law Planning Law Water Framework Directive Groundwater Abstraction Environmental Permitting Judicial Review Procedure

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Parties

Misbourne Environmental Protection Limited

Claimant

Environment Agency

Defendant

HS2 Limited

Interested Party

Align JV

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Environment Agency erred in law in its approach to Article 4(1) of the Water Framework Directive regarding temporary impacts
  2. 2 Whether the Environment Agency wrongly failed to require a discharge permit for grout produced by tunnelling
  3. 3 Whether the Environment Agency failed to take into account cumulative effects of the works

Ratio Decidendi

The Environment Agency lawfully exercised its technical and professional judgment in assessing risks, defining 'temporary' effects, and determining permit requirements; no arguable legal error or ground for judicial review exists.

Court Disposition

Permission refused

Orders

  • Permission to bring judicial review proceedings is refused.