Making Waste Incinerators Pay for Pollution
The UK’s waste incineration industry has been silently fuelling the climate crisis, releasing vast amounts of carbon dioxide, toxic pollutants, and harmful particulates – all while escaping the costs that other polluters have to pay.
Unlike power stations, waste incinerators were exempt from paying for their carbon emissions under the UK Emissions Trading Scheme (ETS), creating an unfair loophole that allowed them to pollute for free.
Campaign Overview
A legal battle to hold the challenge an unfair exemption
Fighting Dirty launched a legal campaign demanding that incinerators be held to the same environmental standards as other major polluters.
The result? A landmark victory that forced the UK government to change the rules – making waste incinerators pay for their carbon emissions for the first time.
Key Milestones
This campaign closed a major legal loophole and set a precedent for holding waste incinerators accountable.
2021
The Hidden Loophole
Waste incinerators are exposed as major carbon polluters—but remain exempt from paying for emissions.
2022
Legal Challenge Launched
Fighting Dirty begins legal action against the government, arguing that the exemption violates climate commitments.
2023
Public Pressure Rises
Media coverage and public campaigns ramp up, exposing the true environmental cost of waste incineration.
2024
Government U-Turn
The UK government announces that waste incinerators will be included in the UK Emissions Trading Scheme—forcing them to pay for their pollution for the first time.
Polluters Pay
Waste incinerators are now forced to pay for their carbon emissions, removing an unfair loophole and ensuring they bear the cost of their pollution.
Stronger Climate Action
This ruling helps the UK meet its climate commitments by stopping incinerators from getting a free pass.
Increased Public Awareness
Fighting Dirty exposed how the waste industry was profiting from pollution – leading to greater public scrutiny and calls for reform.
Media Coverage
Legal challenge over UK’s exclusion of incinerators from emissions target

Elliott–Smith has been one of those leading the charge to force politicians to include waste incineration and EfW facilities in the UK Emission Trading Scheme.

“Waste incinerators ‘should be part of post-Brexit emissions trading scheme

What's next?
This legal victory was a major step forward, but the fight isn’t over. Incinerators still release toxic air pollution that harms communities and ecosystems.
Now, Fighting Dirty is working on fighting other sources of chemical pollution and supporting zero-waste solutions that reduce the need for incineration altogether.

📩 Stay in the fight
Sign up for our newsletter to get updates on future legal cases and ways you can help.