Plans for the incinerator were given conditional approval last year
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Environmental campaigners opposing plans for an incinerator in Sussex have taken their case to the High Court.
Lewes District Friends of the Earth has brought the judicial review claiming East Sussex County Council had "ignored long-term recycling targets".
A ruling from the High Court in London is expected to be returned on Tuesday.
Plans for the Newhaven incinerator, which would annually burn 210,000 tonnes of waste, were given conditional approval last year.
The High Court quashed the pollution permit in December, ruling that potential carbon dioxide emissions had not been properly assessed.
Waste firm Veolia, which would operate the plant at North Quay, said the incinerator would generate electricity through burning an estimated 210,000 tonnes of waste a year.
Michael Warhurst, from Friends of the Earth, said: "The point of this case is that if the incinerator is built it will not be possible for the region to meet its recycling targets."
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