BIFFA have started a £150 million legal action against the Scottish Government after plans for the Deposit Return Scheme (DRS) fell through.
The waste firm has named Scottish Greens co-leader Lorna Slater in their legal claim, which has been started in the Court of Session, and are looking to recoup money lost after investing in the recycling scheme.
The Scottish Government initially designed its own DRS, but its launch was ultimately delayed to 2025 last year in order to bring it in line with a planned UK-wide scheme.
The Scottish Government blamed Westminster’s refusal to allow glass in the scheme for the delay announced last year, accusing the Conservatives of sinking Scotland’s DRS and undermining devolution.
READ MORE: Lorna Slater shares frustration with UK deposit return scheme delay
However, the UK Government said the delay was entirely the decision of ministers in Edinburgh, who failed to design the scheme properly.
Biffa had already bought around 200 new trucks and recruited staff when the delay was announced.
According to the Sunday Mail, the firm relied on personal assurances from then circular economy minister Slater to inform the decision to invest.
The newspaper reported that Biffa are not only looking to recoup the £55m invested but also projected lost profits.
The firm was initially given a 10-year deal to collect all the recycled containers across Scotland, and expected to make more than £100m in profit.
The UK Government has since pushed back plans for a UK-wide scheme to 2027.
The scheme was first announced by then environment secretary Michael Gove in 2018.
However, in a ministerial statement last month current Environment Minister Robbie Gibb said the scheme had once again been delayed.
“Following extensive engagement with industry, who will be responsible for delivering the DRS, and a review of international approaches to DRS implementation, additional time will be needed to efficiently and effectively roll out the schemes across the UK,” he said.
“With the agreement of ministerial colleagues across the devolved administrations, the DRS will go live in October 2027.”
A Scottish Government spokesman said: "The Scottish Government can't comment on ongoing litigation."
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