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ARTICLE · 19 JANUARY 2024

EA Told To Think Again On Merits-Based Reviews Of CAR Decisions

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In the case of R (Suez Recycling and Recovery UK Ltd) v Environment Agency [2023], the Administrative Court held that the EA was bound to consider the need for a merits-based appeal process...

United KingdomLitigation, Mediation & Arbitration
Victoria Barnes
Victoria Barnes
Eilidh Wood
Eilidh Wood

In the case of R (Suez Recycling and Recovery UK Ltd) v Environment Agency [2023], the Administrative Court held that the EA was bound to consider the need for a merits-based appeal process in respect of Compliance Assessment Report decisions

In the recent judicial review case of R (Suez Recycling and Recovery UK Ltd) v Environment Agency [2023] the Administrative Court ruled that the Environment Agency ("EA") failed to comply with the Regulators' Code in not considering whether to provide a proper appeal mechanism for challenging Compliance Assessment Reports ("CARs"). This decision is important for anyone who holds an environmental permit, as an adverse CAR can have serious consequences.

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