An anti-incineration group in the north-east has said its fight against an incinerator proposed by Indaver Ireland for Carranstown, Co Meath, will continue despite the High Court's rejection of its application for a preliminary injunction.
"This is a minor hurdle. It is annoying and disappointing but only a blip. The case remains before the courts and we will continue with it," Ms Aine Walsh, spokeswoman for the No Incineration Alliance, said.
The company says the incinerator, along with the recycling facilities also planned for the site, which is three miles from Drogheda and four miles from Duleek, would have the capacity needed to implement the waste management plan for the north-east.
Meath County Council granted planning permission, subject to 30 conditions, last July, but almost 70 different parties appealed the decision to An Bord Pleanála, which decided to hold an oral hearing.
The No Incineration Alliance is supporting the legal challenge being taken by Mr Eric Martin, of Duleek, and says the case remains before the High Court for hearing later this year.
The legal challenge is based on Ireland allegedly being in contravention of EU legislation, as local authorities do not take environmental and health issues into consideration when deciding on a planning application.
After a hearing that lasted 3½ days, Mr Justice O'Sullivan rejected the application, which would have prevented An Bord Pleanála from holding the oral hearing.
The Green Party in Louth was disappointed with the ruling. Its spokesman, Mr Michael McKeon, said: "This is a major precedent and with other incinerators planned throughout the country, could mean opponents will not get injunctions against An Bord Pleanála until it has completed its work, at which stage construction may have already begun."
The decision was welcomed by Indaver Ireland. The general manager, Mr John Ahern, said, "The north-east region is in the midst of a waste crisis.
"There is currently no landfill capacity in Co Meath and other landfills in the region are reaching capacity.
"The construction of our waste management facility would provide a large recycling facility plus all the incineration capacity required in order to implement the region's waste management plan," he added.