000 02404cab a2200265 4500
001 ##L134309
008 060725n2006 000 0 eng u
035 _a(Sirsi) u134309
041 0 _aeng
245 0 0 _aDavid Edwards and Lilian Pallikaropoulos v Environment Agency, First Secretary of State, Secretary of State for Environment, Food and Rural Affairs and Cemex UK Cement Ltd (formerly Rugby Ltd)
260 _c2006
520 _a[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 However there was no point in quashing the decision to enable consultation to take place on out-of-date data.
590 _aIKA010806
650 2 4 _aEDWARDS AND ANOTHER V ENVIRONMENT AGENCY AND OTHERS AND CEMEX UK CEMENT LTD
650 2 4 _aPOLLUTION PREVENTION AND CONTROL (ENGLAND AND WALES) REGULATIONS 2000 REG 10
650 2 4 _aDIRECTIVE 85/337/EEC
650 2 4 _aR V ENVIRONMENT AGENCY EX P GIBSON
650 2 4 _aR V DURHAM CC EX P LOWTHER
650 2 4 _aR V SOS HEALTH EX P UNITED STATES TOBACCO INTERNATIONAL INC
650 2 4 _aINTERBREW SA V COMPETITION COMMISSION
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-ENVIRONMENTAL MANAGEMENT-ENVIRONMENTAL ASSESSMENT-ENVIRONMENTAL IMPACT ASSESSMENT
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/877.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77445
_d77445