Tyre burning in cement kilns and the new PPC regime

The Court of Appeal has refused leave to appeal against last year's High Court decision which upheld the legality of the Environment Agency's variation of an integrated pollution control (IPC) authorisation to permit Blue Circle to burn scrap tyres as a substitute fuel at its Westbury cement works. The decision in Levy v Environment Agency on 17 June was concerned only with the question of leave to appeal rather than a full consideration of the legal issues, but in a short judgement the court indicated that there remain significant issues at large which may only be fully resolved by a fresh legal challenge under the new pollution prevention and control (PPC) regime.

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