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.

This loophole enables them to burn huge quantities of easily-recyclable waste such as plastics, pouring CO2 and toxic gases into the atmosphere instead of investing in technology to remove those fossil fuels and divert them into a circular economy that cuts pollution and creates green jobs.

Campaign Overview

A legal battle to challenge a pollution loophole

The case that started it all! In 2020, our founder, Georgia, launched a legal case demanding that waste incinerators be held to the same environmental standards as other major polluters and energy generators.

The result? A campaign that forced the UK government to change the rules, requiring waste incinerators to measure and pay for their carbon emissions like other major polluters.

But that decision is now at risk! The Government has since made a U-turn in response to threats from incinerator operators to pass on the cost burden to Local Authorities rather than reduce their own profits. 

Help us keep this action alive

We will continue to press Government to make polluters pay for the burden they place on society. Support our work by donating, subscribing to our newsletter, and spreading the word.

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

Incinerators are included in the ETS

The UK government announces that, starting in 2028, waste incinerators will be included in the UK Emissions Trading Scheme—forcing them to pay for their pollution for the first time.

2026

Government announces U-turn

In August 2026, DESNZ announced that the expansion of the UK’s Emissions Trading Scheme to include waste incinerators will no longer take place in 2028. No timeline has been confirmed, with the government saying it will be set out “in due course”.

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.

w

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 victory was a major step forward, but the fight isn’t over. We need to keep up the pressure to ensure polluters pay. Incinerators continue to release air pollution that damages communities and ecosystems without compensating society for its harms.

Fighting Dirty is also challenging other sources of 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.