Agency to take action against 'clean fuel oil'

The Environment Agency has successfully appealed against an injunction preventing it from taking enforcement action against users of "clean fuel oil".

It will take a pragmatic approach to enforcement and let users such as roadstone plants and metal reprocessors finish their stocks.

CFO was ruled to be a "waste" by the High Court last November (ENDS Report 383, pp 53-54 ). The ruling meant that a company would have to comply with the waste incineration Directive to burn the material.

OSS Group, the material’s manufacturer, appealed against the judgement in December and in the process secured an injunction preventing the Agency taking enforcement action until CFO’s status as a waste or non-waste had been clarified.

Lord Justice Sedley decided to remove the injunction in February because "any criminal or enforcement process should be allowed to take its course" even when the law could soon be changed.

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