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.”