Environment Agency wins appeal against Walleys Quarry ruling
The Court of Appeal released their decision this morning
The Court of Appeal has ruled in favour of the Environment Agency, over a deadline to tackle noxious fumes at a landfill in Staffordshire.
Back in September, the High Court set the agency a deadline of January 2022 to deal with the hydrogen sulphide levels at Walleys Quarry.
The judge also ruled the high levels were directly effecting the life of 5-year-old Mathew Richards - who lives nearby.
But today, the appeal court has removed the deadline for the agency and dismissed a claim by lawyers acting on behalf of Richards.
The Court’s full reasoning will be made available in due course.
The original case was brought against the regulator by Rebecca Currie, who claimed they were not controlling emissions well enough, and that the fumes were a breach of her son's human rights.
5-year-old Mathew Richards, who lives close to the landfill site, was born with a chronic lung disease.
Lawyers representing the boy said the hydrogen sulphide emissions had worsened his underlying health issues, after a doctor confirmed the fumes were reducing his life span.
Mathew's family has told us that the fight now continues
Despite the regulator's efforts, further frustration has mounted in the community, with members of the Silverdale public arguing that not enough change is being made.
A spokesperson for the Environment Agency said:
"The emissions of Hydrogen Sulphide from Walleys Quarry have had a big impact on the local community.
"We remain determined to do all we can to protect and support them. We will continue to work with the operator, the local authorities and all the other responsible bodies to that end.
"We have been acting throughout on advice from Public Health England (now the UK Health Security Agency) and will continue to do so.
"We welcome the Court’s decision today and for providing some certainty for the parties so quickly after the hearing.
"We must await the reasoned Judgment before we are able to comment further.
Today’s decision, and the appeal process itself, has not affected and will not affect our determination to tackle the problems at Walleys Quarry."