[2006] EWCA Civ 877, 27 June 2006. Concerns the requirement for an Environmental Impact Assessment (EIA) relating to a proposal to burn waste tyres as a partial substitute fuel at a cement manufacturing plant. Appeal by ED against the decision ([2005] EWHC 657 (Admin), unreported) not to quash a conditional permit granted by EN to C pursuant to the Pollution Prevention and Control (England and Wales) Regulations 2000 Reg 10 for the continued operation of C's Rugby cement plant including the proposed burning of waste tyres as fuel. E contended that the permit was unlawful for want of an EIA report following Directive 85/337/EEC and that C's application did not comply with the 2000 Regulations because of a shortfall of information on the predicted emissions and their environmental impact. "Held": appeal dismissed. EN did not need to consider an EIA. EA had, regarding its granting of a conditional permit following the 2000 Regulations, been in breach of its common law duty of fairness by failing to disclose consultation internal reports material to its decision. However there was no point in quashing the decision to enable consultation to take place on out-of-date data.