An attempt to halt the proposed new nuclear reprocessing plant at Sellafield has failed.
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Homes lie in the shadow of the Sellafield Nuclear power plant near Seascale. Photograph: Reuters
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The High Court in Britain today ruled against a case taken by the environmental groups Greenpeace and Friends of the Earth.
They had argued the cost of the plant could not be justified under EU law.
The MOX (mixed oxide) plant built in 1996 is intended to reprocess waste plutonium and uranium for use as fuel for nuclear power plants.
"Today's judgment allows the Government to ignore plant construction costs when deciding whether a nuclear project is justified. In this land of fantasy economics the Government can fiddle the figures until it gets the result it wants," Mr Charles Secrett, executive director of Friends of the Earth, said.
Friends of the Earth and Greenpeace argued a British government-commissioned study conducted earlier this year forecast the plant would earn £200 million.
The environmental groups said that as the cost of building the plant was £470 million, this would mean an overall financial loss, which they hoped would be deemed illegal under EU law.
But High Court judge Mr Justice Collins ruled the costs of setting up a new nuclear plant should not be weighed in the balance of economic costs and benefits.
"While today's decision is disappointing, our fight to stop the MOX plant from opening is not over," Mr Stephen Tindale, Executive Director of Greenpeace UK said.
Two cases by the Irish Government and one by Green Party MEP Ms Nuala Aherne are still pending.
One of the Government’s challenges, in which they are seeking an interim injunction stopping the plant from beginning operations will be heard next week.
Separate proceedings June under the terms of the OSPAR Convention (the Oslo/Paris accord governing protection of marine environments) are also under way.