High Court Backs Covantas 65 MW Rookery South Waste to Energy Project

A High Court judge has dismissed a judicial review of the Development Consent Order (DCO) granting planning permission to Covanta’s planned 65 MW waste to energy and material recycling facility at a former brick clay extraction pit, near Stewartby in Bedfordshire. DCOs are a means by which major infrastructure projects in deemed to be of national significance can be approved by central, as opposed to local government. In In August 2010, Covanta submitted a DCO to the Infrastructure Planning Commission to construct and operate the 585,000 tonne per year Rookery Resource Recovery Facility. In October 2011, the IPC awarded Covanta (NYSE: CVV) the Development Consent Order, the first to be issued in the UK. However, unlike other forms of Parliamentary approval, DCOs enable parties who are directly and specially affected by the Order, and who have ‘locus standi’, to petition against it - number of were made. As such, the project was subject to a Special Parliamentary Procedure (SPP) by a Joint Committee which concluded on 13th February 2013 with the publication of a special report evaluating those petitions. The Joint Committee decided to confirm the DCO unamended. However, in an action bought by waste and recycling company, FCC Environment - formerly WRG and a part of Spanish infrastructure company, Fomento de Construcciones y Contratas (IBEX: FCC) – the Order was subsequently challenged. James Maurici QC and expert in planning and environmental law explained in a recent blog post on the case, that the Order was challenged on two grounds: i. First, that the decision to award compulsory acquisition powers was flawed for the failure to provide adequate reasons for concluding that there was a compelling case in the public interest for the award of such powers, in particular by failing to explain why it was concluded that there were no reasonable alternatives to compulsory acquisition. ii. Second, that the Secretary of State failed, in light of the delay between the making of the Order and its coming into force, to consider whether it was necessary to update the environmental information available to him. This was alleged to be needed in order to ensure that the Order was based on ‘current knowledge’ as required. In ruling on the judicial review, High Court Justice Mitting has now dismissed the case. Read More 65 MW Waste to Energy Facility Gets Thumbs Up from IFC The Infrastructure Planning Commission has made the decision to give consent to the 65 MW Covanta Rookery South waste to energy plant. Plasma Gasification Plant Commissioned for Treating Incinerator Ash in China Alter NRG has commissioned the Westinghouse Plasma torches used at a new incinerator ash vitrification facility constructed by GTS Energy in Shanghai, China. Viridor’s 70 MW Runcorn Waste to Energy Plant Begins Commissioning Commissioning of phase one of Viridor’s 70 MW of the Runcorn waste to energy facility has begun prior to its planned opening early this year.