Residents fighting plans to build an incinerator in Devon have been refused a judicial review.
Planning permission for the waste-to-energy plant at Devonport North Yard in Plymouth was granted last year and building work is due to start soon.
The plant will burn 250,000 tonnes of waste a year and some residents are worried about health risks.
A group called PlymWIN had argued the city council's decision to grant planning permission was "unlawful".
But the Court of Appeal has rejected an application for a judicial review.
PlymWIN spokeswoman Lynne Hayden said the judge's decision was very disappointing, but it did not mean the fight and the campaign was over.
MVV Devonport Ltd, the German-based company awarded the incinerator contract, said the plant would be 62m (200ft) from the nearest house.
Earlier this month the Environment Agency granted an environmental permit stating it would not "significantly" pollute the environment or harm human health.
PlymWIN claimed the planning permission breached the EU Habitats Directive because it did not carry out the appropriate assessment for a project that could significantly affect a European site of importance.
It also said the council adopted an "unlawful approach" by proposing ash left at the bottom of the incinerator would be transported to Whitecleave Quarry in Buckfastleigh rather than recycled.
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