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Court appeal over definition of recycled fuel oil

A long-running legal argument on whether waste lubricating oil should be classified as a non-waste, reached the Court of Appeal this week.

Leeds-based oil recycling firm OSS clashed with the Environment Agency on Monday and Tuesday, in an ongoing legal battle over whether users of OSS's “Clean Fuel Oil” need to abide by legislation governing the burning of waste.

The judges have now heard all the evidence and are considering their verdict, which is expected to be returned in the next four weeks.

High Court


The case follows the High Court ruling in December which found in favour of the Environment Agency.
It backed the agency's claims that stringent controls over the burning of waste are important in minimising risks to the environment and human health.

OSS Group claimed that the ruling made the recycled fuel less attractive to customers than virgin fuel, by forcing them to abide by the Waste Incineration Directive. (see letsrecycle.com story)

In this week's hearing, separate perspectives were given by the Environment Agency, OSS and Defra, and it is thought that the three presiding judges will look at each of them in their own right.

Reprieve


OSS Group has meanwhile been given a temporary reprieve from Environment Agency action over the sale of their Clean Fuel Oil until the case is resolved. (see letsrecycle.com)

A spokesman for OSS said he was unable to comment on the case until the judgement is passed and the Environment Agency was unavailable to discuss it.

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