Question over MRF Judicial Review
24 November 2011
In a surprise move, a Judicial Review due to be held next month over the interpretation of the Revised Waste Framework Directive and separate collections might not go ahead. It now appears that the Department for Environment, Food and Rural Affairs may not wish to go to court and get embroiled in challenging some aspects of the case being brought by seven members of the Campaign for Real Recycling who are not in favour of the sorting of recyclables at materials recycling facilities (MRFs). However, this has not been confirmed and the Review is still listed for hearing from December 13 in Cardiff.
The Judicial Review concerns Defra’s interpretation of ‘separate’ collection of paper, plastics, glass and metals which member states are required to provide by 2015 under the revised Waste Framework Directive (rWFD). While Defra has stated in its Waste (England and Wales) Regulations 2011 - the regulations which transpose the revised directive - that this can include commingled material, the Campaign for Real Recycling (CRR) disagrees.
Detailed court papers for the Campaign put forward a number of arguments for not allowing commingling. These include Defra’s interpretation of the rFWD and the claim that commingling is more costly, generates more carbon and leads to contamination of materials.
Whitehall
Now it appears that there could be some doubt in Whitehall about Defra’s interpretation of the Directive and the ability to counter all of the Campaign’s arguments. Government advisers are also thought to be anxious to avoid a potentially long-running legal battle over recycling which could attract ‘unhelpful’ media headlines and also do not wish to rack up legal costs.
One scenario now is that if Defra was to actually concede the case in favour of the Campaign, all local authorities, at least in England and Wales, might face having to introduce kerbside sorting schemes if they don’t already run these and that UK material recycling facilities could shut down. Reprocessors would then have access to material which they consider would be cleaner and their extra costs incurred handling material such as mixed paper and cans would be avoided.
Regulations
However, it is thought that should Defra’s decision to back off from a court case be confirmed, it might instead seek to amend the regulations which interpret the EU rules to make it clearer that both kerbside sorting and commingled collections of recycling are acceptable. This is likely to be welcomed by the MRF operators who range from waste management companies through to paper mills and would resolve the situation, from Defra’s point of view, without recourse to the courts.
Alongside any new regulations or interpretation, Defra could further promote schemes to enhance the quality of materials produced at materials recycling facilities through better sorting and the reduction of contamination at the front end of the MRF.
Clarification of the situation regarding the court case could may emerge this week. However, as of today (24 November), no official statements had been issued by either party. And, the Administrative Court in Cardiff, where the case is due to be heard from December 14, told letsrecycle.com this week that it was still listed for hearing.
For more background to the case, see: letsrecycle.com story.
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