River Action takes NRW to court over poultry manure pollution

River Action has launched a judicial review against Natural Resources Wales (NRW) over permits allowing three intensive poultry units in Powys to expand, in a case that could clarify how manure pollution is regulated in Wales.

The legal challenge centres on NRW’s decision in November 2025 to approve variations to existing environmental permits, enabling the farms to increase bird numbers and, in turn, manure production.

At the heart of the dispute is whether Wales' environmental watchdog should assess the environmental impact of manure once it leaves a farm site, or whether those impacts fall to be addressed through the planning system.

NRW approved the permit changes on the basis that manure management beyond the installation boundary sits outside the scope of the environmental permitting regime.

River Action argues that approach is legally flawed. The charity claims NRW misdirected itself under the Environmental Permitting Regulations 2016 by excluding potential off-site impacts from its assessment.

It also contends that recent court judgments, including Squire v Shropshire Council and NFU v Herefordshire Council, have been misinterpreted.

Emma Dearnaley, Head of Legal at River Action, said pollution linked to manure cannot be confined to a site boundary.

“Pollution from intensive poultry farming doesn’t stop at the farm boundary, and regulation can’t lawfully stop there either,” she said.

She added that NRW had treated “the boundary of the installation as the boundary of its regulatory responsibility”, despite the environmental harm from excess nutrients occurring elsewhere.

Manure from intensive poultry farming is widely recognised as a contributor to nutrient pollution in river catchments, including the Wye and the Severn, where concerns have been raised about algal blooms and declining ecological status.

River Action argues that environmental permitting is designed to prevent unacceptable pollution before it occurs and says NRW should assess and control foreseeable off-site impacts where they arise from the permitted activity.

The organisation is asking the court to quash the three permit decisions and declare that NRW must lawfully consider manure-related impacts through the permitting process.

Leigh Day solicitor Julia Eriksen said the permit changes would allow “thousands more chickens” to be housed and produce additional manure.

“River Action argues that it is NRW’s job to guard against any resulting pollution impacts,” she said.

The case comes amid growing scrutiny of intensive poultry production in parts of Wales, particularly in sensitive river catchments.

If the claim proceeds, the High Court will consider whether NRW’s interpretation of its powers under the Environmental Permitting Regulations was correct.

NRW has been approached for comment.

The outcome could have wider implications for how environmental permitting interacts with the planning system in regulating agricultural expansion across Wales.