Possibility of appeal being examined

A decision on a possible appeal to the Supreme Court in the Clarecastle incinerator case will be taken once the full implications of the High Court judgment are evaluated by her legal team, Ms Orla Ni Eili said.

Ms Ni Eili, who sought a review of the Environmental Protection Agency's granting of a licence to Roche Ireland for incineration of hazardous waste, had costs estimated at £300,000 awarded against her.

Clare Action Against Incineration group initially objected to the licence, but Ms Ni Eili sought the judicial review on a personal basis.

The outcome as it stood meant that Roche Ireland would be permitted to emit the pollutant dioxin, albeit within EU limits, she told The Irish Times. But there was new concern about this highly toxic substance, which led to the World Health Organisation classifying it as a "category A" carcinogen.

Multinationals, which inevitably made large profits, should be required to invest in more effective ways to dealing with toxic waste which were becoming available, she said.

An EPA spokeswoman said the agency was "glad the matter was resolved and pleased that the judicial system has expressed confidence in the EPA's ability to make decisions" on licensing waste disposal.

But the environmental group VOICE said the decision "highlights the problem-oriented remit of the EPA, which is charged with licensing pollution rather than trying to prevent it.

Its spokeswoman, Ms Iva Pocock, said it was essential that industry moved towards "clean production that eliminates the use of toxic chemicals and thus toxic waste incinerators".