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Appeal Hearing Outcome –

BACI Appeal Dismissed by Court

Press Release 19/11/19

It is with great sadness that BACI must announce that the claim under Judicial Review to overturn the High Court ruling – and quash Covanta’s Rookery Pit Incinerator Environmental Permit –  has been rejected by the Court of Appeal.

The judgment was handed down this afternoon (19th November 2019) following a full hearing at the Court of Appeal Royal Courts of Justice on 2nd July earlier this year.

BACI continues to contend that the Industrial Emissions Directive has not been upheld by the Environment Agency in the case of this permit – and it allows for a pathway of pollution that now will not be addressed.

Looking forward – BACI welcomes the forthcoming creation of the new Office of Environmental Protection under the recent Environment Bill.  We hope that an independent agency which does not have a “Customer-type” revenue relationship and system with developers at stake – will be in a position to ensure the permitting regulatory system demands proper control over ALL potential pollution pathways – and enforces a meaningful violation system.

I would like to take this opportunity to thank all our many volunteers and donors who have made this Legal Challenge possible.  We have refused to sit back and let circumstances dictate us. We can all be assured that we have done everything possible under the Judicial Review process.

It has been a true Community Campaign and show of “People Power” bringing together residents from Towns and villages in and around the Marston Vale – and I hope that residents will continue to be engaged in anyway possible.  BACI will continue to keep residents informed about the Incinerator, Covanta and the Environment Agency. In addition we will be looking or further avenues to highlight the current permitting issue – and all the other wider concerns that residents have – about the huge impact this Incinerator will have on the Marston Vale and surrounds.

Nicola Ryan-Raine – Chair

BACI (Bedfordshire Against Covanta Incinerator) was formed in 2016 to oppose the Covanta Incinerator at Rookery Pit South and has no political affiliations.  For more details – please contact Nicola Ryan-Raine bedsagainstcovantaincinerator@gmail.com

Click Here to view the Final Judgment Document

 

Background

Judicial Review High Court Ruling 

Press Release 06/11/18

BACI (Bedfordshire Against Covanta Incinerator) has today [06/11/18] received the judgment from the Courts regarding the Judicial Review Claim against the Environment Agency’s issue of an operating permit for Covanta’s Rookery Pit Incinerator.

It is with great disappointment that we must announce that the Judge has ruled in favour of the Environment Agency and has dismissed our claim to quash the Permit.

In her judgment the Judge conceded that Covanta had made a factual and scientific error in its permit application.  The Judge also acknowledged that the Environment Agency had not made any clarification or disclaimer concerning this error – either during the consultation process or in the decision document. She concluded however – that she finds that the Environment Agency did not adopt the error into the permit that was issued.

This campaign has truly been a community effort and has united residents from many different Towns and villages in and around the Marston Vale in a common cause.

If developed the Covanta Incinerator could be operating for up to 40 years and will signal the beginning of re-industrialization of the Marston Vale and the end of regeneration of the area.

In order to give residents the best possible opportunity to continue to fight this – we will be seeking legal advice regarding the viability of an Appeal against the decision.  Our initial feelings are that the reasoning and judgment appears somewhat contradictory and there appears to be reliance on precedents set by other claims that need reviewing in the pollution threatened world we find ourselves in at the moment.

We will be going through the judgment in more detail and further information will be available on our website https://bedsagainstincinerator.wordpress.com/ shortly.

Although the current situation is obviously not the best outcome – taking control and taking a statutory regulatory body to court is an achievement in itself – and gives a clear message to both Covanta and the Environment Agency that the public have a voice and will be watching their every move.

BACI (Bedfordshire Against Covanta Incinerator) was formed in 2016 to oppose the Covanta Incinerator at Rookery Pit South and has no political affiliations.  For more details – please contact Nicola Ryan-Raine bedsagainstcovantaincinerator@gmail.com

Please Click Here to View the Full Judgement Document

Please Click Here for BACI’s 2 Day Substantive Court Hearing Dates – 10th and 11th October 2018 :

  • Full Write Up of the events of the 2 days
  • Full Photo Gallery
  • Extra information video regarding the basis of the Judicial Review claim and showing current progress in the pit 

2 Day Court Hearing - Featured Image Size

A massive thank you to everybody who sent good luck messages throughout the 2 days – sorry we were unable to take any photos or videos inside the Court Building itself.

Thank you all for your Continued Support

Please Click Here for more detail regarding the Judicial Review Process

Please Click Here for a write up of the 2 Day Court Hearing- photos and extra information video

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.

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