Judicial review goes against local campaigners Image: Covanta

The Judicial Review brought by Bedfordshire Against Covanta Incinerator (BACI)

Plans to build the incinerator at the Rookery South Pit are to continue after the Courts ruled in favour of the Environment Agency.

In her judgment, Mrs Justice Lang DBE conceded that Covanta had made a factual and scientific error in its permit application, but concluded that the Environment Agency did not adopt the error into the permit that was issued.

The Judge concluded her judgement by stating that:

“Judicial review only lies where the regulator has erred in law, and the Claimant has failed to establish any error of law by the Defendant in this case.

“Therefore the claim has to be dismissed.”

BACI “disappointed” at the decision

In a statement BACI said that it was “disappointed” with the decision, it added:

“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.”

The Judge has refused BACI an application for permission to appeal, saying that there wasn’t a real prospect of success on appeal based on the reasons set out in her judgement. 

A statement by Covanta said:

“Covanta is pleased with the court’s decision to uphold the UK Environment Agency’s issuance of the environmental permit for the Rookery project.”

Covanta said that it will provide further updates on the timing of financial close and the commencement of full construction in the near future.