Stroud District Council will go to war with Eric Pickles and the Department for Communities and Local Government over the decision to green light Gloucestershire's £500 million incinerator.
The authority is in the process of issuing legal proceedings to challenge the Government's decision to grant permission for the giant burner to be built at Javelin Park near Haresfield close to junction 12 of the M5.
A spokesman for Stroud District Council said: "We can confirm that we have submitted papers today to challenge the Secretary of State's decision to approve the incinerator application."
The incinerator was refused planning permission by Gloucestershire County Council's planning committee.
But that decision was appealed by Urbaser Balfour Beatty, the company contracted to build the incinerator, and the Government opted to grant the appeal, paving the way for the burner to become a reality.
The Government announced its decision that the Javelin Park facility can go ahead in January.
Councillor Ray Theodoulou (C, Fairford and Lechlade), deputy leader of Gloucestershire County Council, said: "Any judicial review would have to be about the way the Secretary of State reached his decision, not about the merits of the scheme itself.
"We understand that one of the reasons the decision was delayed was because the Department for Communities and Local Government were keen to ensure it was robust, and not at significant risk of legal challenge.
"Even were a judicial review to succeed, its effect would only be to make the Secretary of State take the decision again- it would not necessarily change the outcome of that decision."
