Key decision on BPEO and use of solvents in lime and cement kilns

A High Court judgment in a major case concerning the use of solvent-derived fuels in cement and lime kilns was given in May. Several judicial reviews raising the same fundamental legal questions were joined in the case, and the judgment contains important analysis of the application of the BPEO principle by the Environment Agency and the relevance of EC waste rules where solvent-derived fuels are being burned in a manufacturing process. The legality of the Agency's decisions to permit the use of such fuels was ultimately upheld by the Court, but the legal analysis suggests that at certain points there was significant misinterpretation of the legal duties.

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