R (on the application of ANTI-WASTE LTD) v Environment Agency EWCA Civ 1377
The Court of Appeal today gave judgment in this important case dealing with so called piggy backing at landfill sites. The issue being whether as a matter of law a landfill permit may be granted pursuant to the Landfill Regulations (SI 2002/1559) for the operation of a separate landfill which partially overlies a closed cell containing previously deposited waste. The Court of Appeal held that such a permit could as a matter of law be granted subject to the Environment Agency being satisfied that the technical and environmental considerations which arise can be dealt with. The Court of Appeal also considered the meaning of the word “permit” in reg. 4 of the Groundwater Regulations 1998.
James Maurici submitted written arguments to the Court on behalf of the Secretary of State for Environment, Food and Rural Affairs as an Interested Party.