European Metal Recycling Ltd, R (on the application of) v The Environment Agency
The Environment Agency failed to comply with the mandatory requirement under Regulation 37(4) to specify the steps required to remove the risk of serious pollution. The suspension notice was therefore unlawful and must be quashed.
- Parties
- Claimant: European Metal Recycling Limited; Defendant: The Environment Agency
- Jurisdiction
- England and Wales
- Judgment Date
- 31 August 2012
- Procedural Posture
- Judicial Review / Final Judgment After Substantive Hearing
- Outcome
- Claim allowed; suspension notice quashed
- Legal Topics
- Environmental Permitting, Suspension Notices, Judicial Review, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
European Metal Recycling Limited
Claimant
The Environment Agency
Defendant
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Legal Issues
- 1 Whether the suspension notice complied with the mandatory requirements of Regulation 37(4) of the Environmental Permitting (England & Wales) Regulations 2010
- 2 Whether the Environment Agency's decision to suspend all movement at the site was lawful and proportionate
- 3 Whether the Environment Agency was required to specify the steps to be taken to remove the risk of serious pollution
Ratio Decidendi
The Environment Agency failed to comply with the mandatory requirement under Regulation 37(4) to specify the steps required to remove the risk of serious pollution. The suspension notice was therefore unlawful and must be quashed.
Court Disposition
Claim allowed; suspension notice quashed
Orders
- The suspension notice dated 20 February 2012 is quashed.
Full Case Text
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