In judgments given on 16 April, the House of Lords has now dismissed an appeal commenced by way of judicial review against a decision of the Environment Agency to grant an IPPC consent in relation to a cement plant in Rugby. Confirming the decision of the High Court and Court of Appeal (albeit on slightly different grounds) the House of Lords ruled that, in the circumstances of the case, a failure by the Agency to disclose as part of the consultation process two internal reports on air quality was not a ground for quashing its decision and that the subject of the consent was not a ‘project’ for the purposes of the Environmental Impact Assessment Directive.
Edwards & Ors (on the application of) v Environment Agency & Ors [2008] UKHL 22
Link: http://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd080416/edward-1.htm
