Scottish Power General Ltd, Re For Judicial Review [2005] ScotCS CSOH_67 (24 May 2005)

Source-derived case information.

Citation: [2005] ScotCS CSOH_67
Parties: Petitioner: Scottish Power Generation Limited; First Respondent: Scottish Environment Protection Agency (SEPA); Second Respondent: Scottish Water
Jurisdiction: Scotland
Judgment Date: 24 May 2005
Procedural Posture: Judicial Review / Final Judgment on Substantive Petition
Outcome: Petition refused
Legal Topics: Judicial Review of Regulatory Decisions, Interpretation of Environmental Regulations, Implementation of EU Directives, Waste Incineration and Co Incineration, Permitting and Authorisation Regimes

Administrative Law Environmental Law Regulatory Law Judicial Review of Regulatory Decisions Interpretation of Environmental Regulations Implementation of EU Directives Waste Incineration and Co Incineration Permitting and Authorisation Regimes

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5

Parties

Scottish Power Generation Limited

Petitioner

Scottish Environment Protection Agency (SEPA)

First Respondent

Scottish Water

Second Respondent

Procedural Posture

Judicial Review / Final Judgment on Substantive Petition

Legal Issues

1 Whether Longannet Power Station is an 'existing waste incineration installation' under the Waste Incineration (Scotland) Regulations 2003
2 Whether the variation notice issued by SEPA was ultra vires and should be reduced
3 Interpretation of 'relevant approval' and 'authorised as a waste incineration installation'

Ratio Decidendi

Longannet Power Station was authorised as a waste incineration installation from the time the authorisation was varied to permit co-burning of waste-derived fuel. The authorisation, though categorised as a combustion process, included the use of waste as fuel, satisfying the definition of a co-incineration plant and waste incineration installation under the relevant regulations. Regulation 3(2) of the 2003 Regulations applied, and the variation notice was lawfully issued.

Court Disposition

Petition refused

Orders

Refusal to grant declarator that Longannet is not an existing waste incineration installation
Refusal to reduce the variation notice issued by SEPA

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