Contaminated soil held to be waste by European Court

The European Court of Justice has continued its expansive interpretation of the meaning of "waste" in EU waste legislation, ruling that an unintentional spillage from petrol storage tanks was waste. More significantly, it held that any soil contaminated by the spillage was also waste, even before it was excavated. In the UK the decision may have important implications for the difficult overlap between the contaminated land regime and waste clean-up powers.

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