Safety-Kleen UK Ltd v The Environment Agency

Safety-Kleen UK Ltd v The Environment Agency

The used kerosene is discarded by the customer at the point of collection by Safety-Kleen and is therefore 'waste' under the Waste Framework Directive at that stage, regardless of subsequent beneficial use by Safety-Kleen at its depot. The customer's intention and actions are determinative, and the Agency's approach is consistent with the Directive's purpose.

Parties
Claimant: Safety-Kleen UK Ltd; Defendant: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
20 November 2020
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Definition of Waste, Waste Framework Directive, Hazardous Waste Regulation, Judicial Review of Regulatory Decisions
Environmental Law Administrative Law EU Law Definition of Waste Waste Framework Directive Hazardous Waste Regulation Judicial Review of Regulatory Decisions

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Parties

Safety-Kleen UK Ltd

Claimant

The Environment Agency

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether used kerosene collected by Safety-Kleen from customers is 'waste' under the Waste Framework Directive at the point of collection or only after re-use at depot
  2. 2 Whether the Environment Agency erred in its understanding of the cleaning process and its comparison to customer use
  3. 3 Whether the Agency's distinction between cloth wipes and kerosene is rational

Ratio Decidendi

The used kerosene is discarded by the customer at the point of collection by Safety-Kleen and is therefore 'waste' under the Waste Framework Directive at that stage, regardless of subsequent beneficial use by Safety-Kleen at its depot. The customer's intention and actions are determinative, and the Agency's approach is consistent with the Directive's purpose.

Court Disposition

Application dismissed