The legal campaign group, Fighting Dirty, has secured a major victory after receiving a letter from the Environment Agency (EA) committing to undertake a review of its approach to waste tyre shipments in response to a threat of court proceedings.
Since 2023, Fighting Dirty’s legal team has been in correspondence with the EA to uncover the extent of the agency’s knowledge of the 55 million waste tyres exported from the UK to India, most of which end up in illegal pyrolysis plants where they cause massive pollution and suffering.
This dirty secret was brought to the public’s attention in a BBC File on 4 Investigates episode released yesterday following two years of investigation by Source Material in collaboration with the BBC, Fighting Dirty, and industry insiders.
A pre-action protocol letter was issued by lawyers at Leigh Day on behalf of Fighting Dirty on 28th February declaring their intention to begin judicial review proceedings over the EA’s lack of action to address the environmental and health impacts of UK companies exporting car tyres – a waste stream that the EA still deems “green list waste”. The campaign is entirely crowdfunded.
Under the current system, tyres are classified as ‘green list’ waste, meaning they can be freely shipped to countries like India without proper checks or oversight. Rogue exporters are getting away with routinely exceeding their permitted limits and are knowingly sending tyres to unregulated pyrolysis plants. Instead of being properly recycled, they are burned in unsafe conditions, poisoning communities, workers, and the environment with toxic fumes.
In their response dated 25th March, the EA states that it intends to conduct an internal review of its approach to waste tyre shipments, talking to industry, domestic and foreign trade associations, the Indian government and other public authorities.
It is anticipated that this review will take three months, and Fighting Dirty has been invited to meet with the agency to present its concerns.
The move follows the broadcast of BBC Radio 4’s File on 4 documentary, which Fighting Dirty Director, Georgia Elliott-Smith, contributed to. The documentary showed how a makeshift pyrolysis plant in India exploded, killing four people while processing tyres from abroad, almost certainly Europe and the UK. The documentary heard from a tyre trader in the North of England who admits to shipping illegal quantities of waste tyres to India for pyrolysis.
Commenting, Georgia Elliott-Smith said,
“We are delighted at the EA’s proposal to engage proactively, and we wait with cautious optimism to find out more about the scope of their review. The government must stop turning a blind eye to the illegal and immoral activity of UK waste exporters. Fighting Dirty will continue applying pressure, leaving the door open to future legal action if the EA’s actions do not adequately solve the problems.”
Footage from a pyrolysis plant is available for all to see online.
Fellow Director at Fighting Dirty, Steve Hyndside, added,
“Taking regulators to court is always the last option for Fighting Dirty. We’re delighted that the Environment Agency has offered to review the legal framework around the exporting of car tyres and are willing to meet to hear our concerns about the current system. We’re entering these next steps in good faith, and look forward to working with the EA in shutting down this polluting process.”
Fighting Dirty Director, journalist George Monbiot, wrote about this issue in 2019. Commenting, George Monbiot said,
“I first wrote about this issue six years ago. Finally, after threatening legal action, the agency has stepped up to do the right thing, conducting a review that should bring an end to the horrendously polluting trade in UK waste tyres.”
Julia Eriksen, Solicitor at Leigh Day, representing Fighting Dirty, said:
“Securing the EA’s commitment to conduct an internal review is a major victory for our client and for all those who have been working tirelessly to bring this issue to the attention of the UK and Indian authorities for several years. Our client will continue engaging with the EA to ensure the review proceeds on a proper and timely basis.”
David Wolfe KC of Matrix, representing Fighting Dirty, said:
“Let’s hope that the EA’s review leads to proper scrutiny of the way in which old tyres are recycled. None of us wants to see them sent abroad to be burnt in a way which is harmful to the environment and local communities.”