The High Court has formally received a legal claim involving almost 4,000 people, who allege that poultry producers and a water company are responsible for serious pollution in the Wye, Usk and Lugg catchments.
The civil action names Avara Foods Limited, Freemans of Newent Limited and Welsh Water (Dwr Cymru Cyfyngedig) as defendants. All three companies deny liability.
According to law firm Leigh Day, which represents the claimants, the action is the largest of its kind ever brought in the UK.
It alleges that nutrient and bacterial run-off from intensive poultry units, farm spreading, and sewage discharges have degraded the rivers since 2019.
The Particulars of Claim argue that high concentrations of phosphorus and nitrogen have led to excessive algal growth, reducing oxygen levels, harming fish and fauna, and producing foul odours.
The claim is framed in terms of private nuisance, public nuisance, negligence, trespass, and alleged breaches of the Environmental Protection Act.
The 3,943 claimants include residents, business owners, and recreational users of the rivers. Some say they have lost property value, tourism income and amenity use.
Others affected by the “Lugg Moratorium” – a planning ban around the river Lugg introduced in 2019 – claim to have suffered significant financial losses from stalled building projects.
Leigh Day partner Oliver Holland said: “This is the largest legal action concerning environmental pollution ever brought in the UK. Our clients believe they have no other option but to seek accountability through the legal system.”
Unless settled, the case will proceed to trial, with defendants entitled to apply for strike-out or to mount a full defence.
A spokesperson for Avara Foods said: “We share concerns about the condition of the River Wye, but we believe that this legal claim is based on a misunderstanding, as no manure is stored or spread on poultry-only farms that supply Avara Foods.
"Where poultry manure is used as fertiliser, it is for other produce in other agricultural sectors. Individual farmers are responsible for how nutrients are used in their arable operations.
"Avara is not involved in any arable operations and has no control over this activity. All our poultry is produced in Britain to standards that are amongst the highest in the world."
Welsh Water and Freemans have also previously rejected responsibility. A Welsh Water spokesperson said: “In the past five years we have delivered £70m of investment to improve our sites on the Wye River – and delivered them ahead of the target set by our regulators.
"We are also currently investing £33m to improve the Usk River. Unfortunately, the water pollution caused by other sectors during this period has increased significantly, reducing the overall impact of the water quality improvements we have achieved."
They added: “We intend to defend this case robustly: the fact that we are a not-for-profit company means that any payments to these claimants would necessarily reduce the amount that we can re-invest in delivering further improvements for the benefit of all of our customers and the environment.”
The High Court will now consider the claim and any defences submitted. A trial date has not yet been set.
The outcome could have significant implications for how farm-related nutrient management, poultry production, and water company discharges are regulated across river catchments.
