Cement kilns and waste

The High Court has upheld the Environment Agency's view that waste-based fuel known as "Cemfuel" used in cement kilns remains a waste in law for the purposes of EC waste legislation. The case revived the thorny legal question as to the point at which recycled materials cease to be waste, an issue which has been the subject of considerable litigation at both national and European level. The European Court of Justice has consistently refused to give a clear-cut answer to the question, and the ambiguity in its judgments was criticised by the High Court.

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