Cemex loses Rugby emissions appeal

Cemex has lost a High Court challenge to a government limit imposed on CO₂ emissions at its Rugby cement plant.

The aggregates giant had asked judge Justice Sullivan to quash a decision by the Department of the Environment, Food and Rural Affairs (DEFRA) to allocate an emissions allowance of only 819,974t of CO₂ emissions to the plant.

Cemex also sought a High Court order to stop DEFRA from reallocating 343,838t of emissions from Rugby to the plant of one of its competitors, and sought an injunction requiring the Government to reconsider the rules for allocation of CO₂ emissions for the cement sector.

But Justice Sullivan rejected the challenge. He said DEFRA was justified in making its decision, and that the introduction of a new allocation rule had not infringed the EC principle of equality and non-discrimination.

Cemex had also challenged the decision before the European Commission, but in a decision taken on 29 November, the Commission backed the UK’s National Allocation Plan (for emissions) in respect of all challenges put forward by Cemex.