Change of course in river pollution claim

Campaign group River Action argued the river was being polluted by run-off from chicken manure spread on agricultural land within the river catchment. It said this raised phosphorus levels, causing algal blooms which harmed vegetation and wildlife.

It claimed the Environment Agency was enforcing the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018, which are also known as the Farming Rules for Water, in a way that frustrated the purpose of the legislation, was acting unlawfully, and had breached reg 9(3) of the Conservation of Habitats and Species Regulations 2017.

The National Farmers Union, intervening, brought evidence showing it would not be practical to farm in a way compliant with River Action’s interpretation of the Farming Rules for Water. River Action countered with evidence from farmers who practise regenerative farming methods.

Handing down judgment in R (River Action UK) v Environment Agency & Ors [2024] EWHC 1279 (Admin) last week, Mr Justice Dove dismissed the judicial review on all three grounds and held the Environment Agency’s enforcement policies are now lawful. However, he noted the agency had changed these during the course of proceedings as a result of River Action’s legal claim.

Dove J said the evidence provided by the NFU ‘demonstrates that current agricultural working practices would have to change’.

Ricardo Gama, solicitor at Leigh Day, representing River Action, said: ‘The judge has said that River Action was right in their interpretation of the law and he welcomed the extensive evidence which River Action put forward of farmers who do the right thing and farm in a way that respects the rules.’