High Court challenge dismissed

3 November 2011

Augean Plc

("Augean" or "the Group")

High Court challenge dismissed

Augean Plc is pleased that the presiding judge has upheld the decision of the Secretary of State to allow acceptance of Low Level Waste at Augean's East Northants Resource Management Facility (ENRMF). The challenge was made on a narrow point of law and did not relate to the safety or the policy merits of the proposal.

In addition to the High Court dismissing the challenge against the Secretary of State's decision, no leave was granted to the claimant to appeal the judge's decision.

The claimant's solicitor on behalf of his client indicated that he would nonetheless seek to lodge an application directly with the Court of Appeal. At the request of the judge Augean agreed to a voluntary undertaking not to implement the permission for 28 days allowing the claimant time to make an application.

Following today's decision the Group will continue to engage with clients in the decommissioning markets with a view to receiving LLW at ENRMF in early 2012 or sooner should any application to the Court of Appeal by the claimant be unsuccessful.

Commenting on the decision, CEO Paul Blackler said: 

"We welcome today's High Court ruling and are pleased the Secretary of State's earlier approval has been reaffirmed.  It is reassuring that the integrity of the Environmental Impact Assessment and its scope has been reaffirmed.

"We take further confidence from today's decision and look forward to generating new streams of revenue from LLW in the near future."

-Ends-

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Notes to Editors:

On 24th May 2011 the Secretary of State for Communities and Rural Affairs upheld Augean's appeal against the rejection of its planning permission to dispose of Low Level Waste ("LLW") at the Group's East Northants Resource Management Facility ("ENRMF"). As reported on 7 July 2011, a challenge was subsequently lodged in the High Court by a member of the public against the Secretary of State's decision.