R (Friends of the Earth Ltd and Another) v Secretary of State for the Environment, Food and Rural Affairs and Others
| Jurisdiction | England & Wales |
| Judgment Date | 07 December 2001 |
| Date | 07 December 2001 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Simon Brown, Lord Justice Waller and Lord Justice Dyson
Environmental - radiation - balancing economic and social benefits - capital costs already sunk into development not to be taken into account - Council Directive 96/29/Euratom [OJL159 June 29,1996] Article 6.1
In balancing the economic and social benefits of a new radiation-producing process as against any health detriment which it might cause, as required by article 6.1 of Council Directive 96/29/Euratom (OJ L159, June 29, 1996), member states were not obliged to take into account capital costs already sunk into developing the process.
The Court of Appeal (Lord Justice Simon Brown, Lord Justice Waller and Lord Justice Dyson) so held on December 7, 2001, when dismissing the appeal of Friends of the Earth Ltd and Greenpeace Ltd from the refusal by Mr Justice Collins on November 15, 2001, of their claim for judicial review of decisions by the Secretaries of State for the Environment, Food and Rural Affairs and for Health, that the proposed practice of manufacturing mixed oxide fuel (Mox) by British Nuclear Fuels...
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