Defra in court over agricultural pollution

Currently only 17% of the rivers in England are in good health, according to the Government’s own statistics

Conservation groups have taken the government to court, suggesting Defra and the Environment Agency have failed to halt agricultural pollution of rivers, aquatic ecosystems and habitats.

Three of the UK’s biggest environmental bodies (WWF-UK, the Angling Trust and Fish Legal) claim that ministers stifled action to address harmful pollution from farms. Their case, which began in August, was heard at the High Court on Thursday. The three organisations claim that Defra ministers have stifled action to address harmful pollution from farms, which is affecting iconic natural habitats.

The case revolves around protected ‘Natura 2000’ sites, which were identified by the EU and member state governments in 1992. In 2009, the government looked into setting up Water Protection Zones (WPZs) to reduce pollution in tandem with voluntary measures from farmers, but investigations by the conservation groups have revealed that, in January 2011, government ministers and the Environment Agency quietly backtracked on the use of WPZs, except for in ‘cases of emergency.’

So far, no WPZs have been put in place, though conservationists said pollution is having a marked impact on birds and other species associated with certain ‘crown jewel’ habitats.

Commenting on Thursday, David Nussbaum, WWF-UK’s chief executive, said, “This was an ideologically driven decision, taken behind closed doors, which contravened the Government’s public position. It also flies in the face of Defra’s own analysis which has repeatedly shown that relying on voluntary action by farmers alone will not solve the problem of agricultural pollution.

“We believe the use of this ‘last resort’ doctrine to evade installing Water Protection Zones has not only been devastating for our protected rivers and wetlands but is also unlawful.

“Worse still, with these specially protected sites continuing to be polluted it is baffling that Water Protection Zones are still not being used as we approach the December 2015 deadline [to meet the requirements of the EU’s Water Framework Directive] – if this doesn’t count as a time of ‘last resort’, what does?”

If successful, the environmental groups hope to force the government’s hand, asking the court to make the government use its WPZ tool to protect rivers and wetlands.

Mark Lloyd, Chief Executive of the Angling Trust & Fish Legal, said, “We cannot let the UK regain its title as the dirty man of Europe - urgent action must be taken. Salmon populations have declined by 40% in the last 30 years, and agricultural pollution is one of the most significant causes of this.

“This is why, today, we are seeking the help of the Court to ensure the Government takes the action that is needed to provide these special places with the protection to which they are lawfully entitled.”

Currently only 17% of the rivers in England are in good health, according to the Government’s own statistics. In October 2015, the European Commission issued legal guidance warning the UK Government of its failures to implement EU water legislation. The EC’s warning may signal the beginnings of formal infraction proceedings which could lead to fines running into the millions of pounds a year.