Lewis, R (on the application of) v Environmental Agency & Anor

Lewis, R (on the application of) v Environmental Agency & Anor

The hydraulic containment system, as engineered and regulated, does not breach the Landfill or Groundwater Directives; technical precautions such as pumping are permissible; financial provision for aftercare is adequate; and the staged approach to leachate treatment is lawful. The application for judicial review is dismissed on all grounds.

Parties
Claimant: Lewis; Defendant: Environmental Agency; Interested Party: Onyx
Jurisdiction
England and Wales
Judgment Date
12 May 2005
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed on all grounds; permission to apply for judicial review granted on grounds (2) and (4) but substantive application dismissed.
Legal Topics
Landfill Directive Compliance, Groundwater Directive Compliance, Pollution Prevention and Control, Judicial Review of Regulatory Permits, Financial Security for Environmental Obligations
Environmental Law Administrative Law European Union Law Landfill Directive Compliance Groundwater Directive Compliance Pollution Prevention and Control Judicial Review of Regulatory Permits Financial Security for Environmental Obligations

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Parties

Lewis

Claimant

Environmental Agency

Defendant

Onyx

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the hydraulic containment system permitting ingress of groundwater into landfill breaches the Landfill Directive and Groundwater Directive
  2. 2 Whether Onyx was a 'fit and proper person' to hold the permit due to financial provision for aftercare
  3. 3 Whether reliance on pumping as a technical precaution is permissible under the Groundwater Directive

Ratio Decidendi

The hydraulic containment system, as engineered and regulated, does not breach the Landfill or Groundwater Directives; technical precautions such as pumping are permissible; financial provision for aftercare is adequate; and the staged approach to leachate treatment is lawful. The application for judicial review is dismissed on all grounds.

Court Disposition

Application for judicial review dismissed on all grounds; permission to apply for judicial review granted on grounds (2) and (4) but substantive application dismissed.

Orders

  • Application for judicial review dismissed on all grounds.
  • Permission to apply for judicial review granted on grounds (2) and (4), but substantive application dismissed.