Waste oil judicial review against the Environment Agency dismissed

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On 20 July 2018 Sir Wyn Williams dismissed the claim brought in R (Protreat Ltd) v Environment Agency [2018] EWHC 1983 (Admin). The judicial review relates to a decision by the Environment Agency’s Definition of Waste Panel to reject, as technically deficient, a submission made by the Oil Recycling Association in respect of the end of waste status of re-refined oil. Protreat argued that the Environment Agency was obliged to provide guidance which is binding between itself and industry as to when waste lubricating oil has or has not achieved “end-of-waste” status.  The claim was rejected on all grounds. The judgment is available here. James Maurici QC and Richard Moules appeared for the Environment Agency.

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