The Supreme Court has dismissed an appeal by a Co Meath man who opposed the granting of planning permission by An Bord Pleanála for an incinerator at Carranstown.
The three-member court headed by Chief Justice Murray stated the appellant Eric Martin was 'clutching at straws'.
The court also ruled that there was no need to refer the matter to the European Court of Justice, as requested by Mr Martin.
The question of costs for this lengthy case has been adjourned.
In 2003, An Bord Pleanála held an oral hearing and while its inspector recommended permission be refused, the board decided to grant permission.
That decision was appealed to the High Court and has been before the Supreme Court since 2005.
A spokeswoman for the incinerator company Indaver Ireland has described the Supreme Court decision as highly significant.
Focus will now shift to the High Court, where a case taken by residents opposed to the first toxic waste incinerator at Ringaskiddy in Cork was adjourned pending the outcome of today's case.
