Mrs Justice Lang recently rejected a claim for judicial review brought by a waste operator. The company challenged the decision of a DEFRA inspector to uphold the revocation of the operator’s environmental permit for a waste transfer site in East London. The challenge was brought on several grounds, including invalidity of the notice, failure to comply with the public sector equality duty, and inconsistency between the decision to revoke and the Core Guidance. An interim injunction against the regulator was sought on American Cyanamid principles.
After hearing an urgent application for interim relief and for the grant of permission, Lang J upheld the decision of the DEFRA inspector on all grounds, refused permission and declined to order an interim injunction.
John Jolliffe appeared on behalf of DEFRA.