Marianne Bennett (on behalf of Lakes Against the Nuclear Dump), R (on the application of) v Environment Agency

Marianne Bennett (on behalf of Lakes Against the Nuclear Dump), R (on the application of) v Environment Agency

The Environment Agency discharged its statutory duties by conducting appropriate screening and consultation, relying on expert advice, and reasonably concluding that there was no real risk to protected species or sites. The claim did not establish arguable grounds for judicial review and was not brought with undue delay.

Parties
Claimant: Marianne Bennett (on behalf of Lakes Against the Nuclear Dump); Defendant: Environment Agency; Interested Party: Sellafield Limited
Jurisdiction
England and Wales
Judgment Date
31 March 2026
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Permission refused
Legal Topics
Water Abstraction Licensing, Protected Species, Habitats Regulations, Judicial Review Procedure, Planning Permission, Statutory Duties
Environmental Law Administrative Law Public Law Water Abstraction Licensing Protected Species Habitats Regulations Judicial Review Procedure Planning Permission +1 more

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Parties

Marianne Bennett (on behalf of Lakes Against the Nuclear Dump)

Claimant

Environment Agency

Defendant

Sellafield Limited

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Environment Agency breached regulation 9(3) of the Habitats Regulations by failing to properly assess impacts on Natterjack Toads
  2. 2 Whether the Environment Agency failed to undertake an appropriate assessment under regulation 63 of the Habitats Regulations regarding the River Ehen SAC
  3. 3 Whether the Environment Agency failed to take into account material considerations under section 38 of the Water Resources Act 1991

Ratio Decidendi

The Environment Agency discharged its statutory duties by conducting appropriate screening and consultation, relying on expert advice, and reasonably concluding that there was no real risk to protected species or sites. The claim did not establish arguable grounds for judicial review and was not brought with undue delay.

Court Disposition

Permission refused

Orders

  • Extension of time for service of sealed claim granted
  • Permission for judicial review refused on all grounds