The Master of the Rolls sitting with Lord Justice Carnwath and Lord Justice Maurice Kay has decided that in principle waste lubricating oil can after processing be burnt as a non waste fuel. This is an important victory for OSS in its sruggle to be able to continue the reprocessing of the large quantities of lubricating oil which it collects, processes and then makes available as fuel. The Environment Agency had been successful at first instance in resisting OSS's approach. The Court declined to refer the question to the European Court of Justice.
Robert McCracken QC, leading Stephen Tromans, appeared for OSS in the Court of Appeal. The Queen (OSS) v. Environment Agency, DEFRA intervening  EWCA Civ 611