Permission for Full Court Hearing granted by Judge

The Judicial Review Challenge against the Environment Agency has been granted permission by the Judge to progress and have the case heard in Court at a Full 2 Day Substantive Hearing.

Due to the change in Courts to the Planning Court – the timings changed and concurrently Covanta petitioned the court for a tighter time schedule – resulting in the paper permission stage being brought forward.

The Judge did not take on board Covanta’s ‘suggestions’ of an extremely expedited timetable – and has also agreed to allow the Protective Costs Order that we had applied for

A lot of cases need to go to a Permission Hearing before being granted permission. To receive permission just on the papers alone is a massive breakthrough for this Case.

We will be recalculating the amounts needed for this next and final stage of preparation for – and delivery of – a final Substantive Hearing.  Note – no actual date has been agreed yet for the case to be heard – this is dependant on the court availability.

Fundraising(Donation) options remain open as before. It is extremely important that we now secure the necessary funds to take full advantage of this Legal Opportunity

Please consider pledging to help continue the fight.

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Thank you all for your Continued Support

Judicial Review Process Permission Granted

The Judicial Review Process 

Unfortunately – the process is not cheap.

Progress so far:

In order to begin proceedings –  it was necessary to appoint a firm of Solicitors.  With guidance from ELF – BACI appointed one the best-known Environmental Law firm of Solicitors in the country.

– Pre-Action Protocol Letter sent (incl supplementary letter)
– Reply from the EA received
– Responses from the EA analysed by the legal team
– Preparation of papers and lodging with the Courts – 25/04/18
– Serving of claim form and prepared bundle including grounds and expert/witness statements to The Environment Agency (Defendants) and Covanta (Interested Party) 16/05/18
– Acknowledgement of Service stage – AoS replies received from EA and Covanta but due to accelerated timings the bundles were moved forward to the paper permission stage
– Permission Granted by Judge to move forward to a Full 2 Day Substantive Hearing (received 15/06/18)

The next stage is preparation for – and appearances at – the full 2 Day Substantive Hearing.

The Date of the Hearing has not yet been set.  This is dependant on the availability of the Court.

The amounts due for this stage will be re-calculated – but are likely to be around £30,000.  With the amount of just over £20,000 already donated – this brings the whole court case to around £50,000 in total.

It still may not be necessary to take the case to the full court hearing stage. The Environment Agency can concede at any point up to the actual court hearing.

If there are any funds left over at any point – this will be used either in the wider campaign (if this is still existing) for example on air pollution monitoring equipment or another local project.

Please consider pledging to help continue the fight.

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More Information

The Covanta Incinerator – Background
The Covanta Incinerator – Environmental Permitting Process
The Covanta Incinerator – Main Points
Concerns regarding Incineration as a process
Incineration, Recycling and the Circular Economy – Slides

Community Liaison Panel Minutes and Handouts

BACI’s Submission to 1st Consultation in full
BACI’s Submission to 2nd Consultation in full

Marston Moreteyne Action Group site – lots of information dating back to 2010