To JR or not to JR?
As you are all no doubt aware, back in December of last year, and despite a 18 month public consultation along with immense public opposition, the Environment Agency saw fit to issue an operating permit to Endless Energy. Since then AVAI have reviewed the process followed by the Environment Agency to see if we could challenge it by way of Judicial Review in the courts.
There followed a very exhaustive review by the team and after input from our legal and scientific advisors, we sent a Pre Action Protocol letter to the Environment Agency. The response from this has now been shared with and reviewed by our legal team. Our barrister agreed that we have a very strong scientific case. However the Environment Agency assert that they have acted lawfully throughout. For a Judicial Review to be successful we need to prove that the Environment Agency acted unlawfully. As it stands we have no such evidence.

Reluctantly, we have decided NOT to pursue the Judicial Review any further. We cannot justify spending your money without at least a good chance of meaningful success. A Judicial Review would cost in the region of £40k and would take a matter of weeks to come conclude. So it doesn’t stack up really.
This is obviously a great disappointment to everyone concerned, but the campaign is far from over. We continue to work closely with our MP, Robbie Moore. With input from AVAI he is planning to table a debate in Parliament regarding the accountability of the Environment Agency and looking in particular at how they have handled this application. The debate itself won’t stop the Marley incinerator development, but it will address some very concerning issues around waste incineration and help other campaigns which may follow.

The National Debate
With the public’s immense support we have been able to raise the profile of our case nationally and help to shape the incineration debate. This campaign has fed into the national debate on incineration and the public mood is changing. The waste industry’s attempt to present incineration as a green energy source has been shown up for what it is – greenwash!

“Think Global Act Local”
The fate of the Marley development is still not clear. Were it not for everyone’s fantastic efforts and support, it would have likely been built already and would be sat there, blotting the landscape, emitting pollutants and greenhouse gasses, not to mention the increased noise, odour and traffic.

And Finally…
The campaign is not over. We have a few tricks up our sleeves still which I can’t disclose – I’m sure you understand. Watch this space and thank you for your continued support.
Simon – AVAI Chairman

National Recognition
With your support we have been able to raise the profile of our case nationally and help shape the incineration debate. Shlomo Dowen, the National Coordinator of the UK Without Incineration Network (UKWIN) has said about us “AVAI campaigners deserve nothing less than great praise for their determination, resilience and professionalism. AVAI has earned the respect and admiration that they enjoy from across the whole anti-incineration movement, not least thanks to their generosity of spirit and AVAI’s ongoing willingness to lend a hand to other communities facing similar challenges. We at UKWIN sincerely hope that the incinerator proposed for Keighley is never built.”

Environmental Permit issued….

Today the Environment Agency formally approved the Environmental Permit application for the Keighley Incinerator. This represents the final greenlight for Endless Energy to operate the incinerator, should they eventually build it.
Clearly this is very disappointing, but we would like to stress that there are still options available to us.
Following the news AVAI members met today to kick off the next stage of our opposition campaign. Over the last couple of months we have been liaising with our environmental lawyers, who worked with us to review our main objections and to write and deliver a letter to the Environment Agency reiterating our long list of concerns. This will form the basis for any legal challenge should we go down that avenue.
It is important to remember that this development was first approved back in 2013, and in those 7 years the developers, who have changed names and ownership several times, have managed to just lay a patch of tarmac and kerbing surrounded by some rather dilapidated ‘non’-acoustic fencing.

We are kick starting our fund raising to allow us to continue with our legal conversations and establish our route forward. All donations options can be found at

Stay positive, stay safe and we will update you again very soon.
Thank you as ever for all your support.

Update on legal Action

Just a quick update on the topic of legal action:

Although we are constantly reviewing the masses of paperwork that constitute the draft operating permit, we cannot make a decision with regards to legal action until the actual operating permit is granted by the Environment Agency.
Upon review of an issued permit, should we feel that legal action is appropriate, we will let you all know as soon as possible. We have a very clear understanding of the process and the very considerable costs involved.
Last time we went to court, our supporters were absolutely amazing and we raised the required funds very quickly.
If it is decided that legal action is appropriate we will be calling upon you all again to help us raise the very considerable funds that will be required.

We hope this helps to to provide some clarity.

Should you wish to make a donation to in the meantime, please follow this link:

Thanks for your continued support.

The AVAI team