The Supreme Court has rejected an appeal against the decision of An Bord Pleanála to grant permission for an incinerator in Co Meath.
The court has also refused to refer issues in the case concerning the proposed incinerator in Carranstown, Duleek, to the European Court of Justice.
The Supreme Court was hearing the appeal by Co Meath man Eric Martin against the High Court's rejection of his challenge to the granting of permission two years ago.
Mr Martin was challenging the High Court dismissal in November 2004 for a judicial review challenge on all grounds to the granting of permission.
However, the judge referred to the Supreme Court for final determination an important point of law raised in the case that had implications for other environmental cases, including a challenge to the development of the State's first toxic waste incinerator at Ringaskiddy, Co Cork.
Mr Martin, of Newlanes, Duleek, is a retired production manager and a member of the No Incineration Alliance, a group of farmers, local residents and business people living near the proposed incinerator site.
In 2002 Meath County Council had granted permission for the development, subject to certain conditions.
An Bord Pleanála held an oral hearing after which its inspector recommended permission be refused. However, the board decided on March 3rd, 2003, to grant permission.