Radioactive discharges and defence policy

The Court of Appeal has confirmed last year's High Court decision (ENDS Report 315, pp 60-61 ) which upheld the legal validity of radioactive discharge authorisations granted by the Environment Agency for Ministry of Defence sites run by contractors at Aldermaston and Burghfield. The case has once again engaged the courts in the "justification" test in nuclear decisions, and the lead judgment of Lord Justice Laws contains important principles as to the limits of the role of both the Agency and the courts when it comes to questions of national defence policy.

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