Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Ybbarpsån Formic Acid

Country/Territory
Sweden
Type of court
National - higher court
Date
Oct 17, 2003
Source
UNEP, InforMEA
Court name
Miljööverdomstolen
Seat of court
Stockholm
Reference number
M714-03
Language
Swedish
Subject
Waste & hazardous substances, Legal questions, Water
Keyword
Access-to-justice
Abstract

The case was related to case number M454-02 regarding the company Perstorp Aktiebolag that had sought a permit in accordance with the Environmental Protection Act (1969:387) to construct and run a factory manufacturing dendritic polymers in Perstorp municipality. The permit was granted by the Environmental Court, but was later appealed by an individual to the Environmental Court of Appeal.

The former case concerned the right to legal standing because of emissions of non-degradable chemical substances into the Ybbarps river, 11-12 kilometres from the property of the appellant. The appellant had standing in the case as the non-degradable substances could affect The present case was about emissions as a result of the production of formic acid into the same river, at the same distance from the property.

In this case, the appellant was not granted standing, unlike in the former case. The Environmental Court of Appeal reasoned that the substances emitted into the river as a result of formic acid production were easily degradable, and therefore the appellant 11-12 kilometres downriver would not be affected by the granting of a permit in this case.

Full text
M714-03.pdf