EC legal doctrines and problems over waste licensing

The problem at the root of the Government's decision to postpone the introduction of the waste management licensing system under the Environmental Protection Act 1990 has now transpired to be a judgement by the European Court of Justice in a company law case. The Department of the Environment (DoE) is still unable to say when it will find a solution - and in the meantime waste regulation authorities (WRAs) may be in breach of EC law if they issue disposal licences but could be exposed to judicial review if they do not.

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