NFU Cymru's judicial review of the Welsh government’s decision to introduce new water quality regulations across the whole of Wales has been dismissed.
Judge Sir Wynn Williams found that the government had not acted unlawfully in making the rules, having heard the parties' arguments during a hearing over three days towards the end of last year.
In particular, Sir Wynn concluded that farmers did not have a "legitimate expectation" that an 80% grassland derogation which applies in England and Northern Ireland would be available to them under the regulations.
NFU Cymru said it was an "incredibly disappointing" result for farmers as it meant that the regulations, which came into force across Wales on 1 April 2021, would remain in place in their current form.
The union had launched a legal challenge in spring last year, having persistently raised concerns about the lawfulness of the Welsh government's decision.
The regulations, which make the whole of Wales a nitrate vulnerable zone (NVZ), were criticised as being "unworkable," posing a "significant threat to the economic viability of Welsh farming".
NVZs are areas within Wales that contain surface water or groundwater susceptible to nitrate pollution from agricultural activities.
They are designed to improve water quality in rivers and lakes, but it means tougher restrictions on fertiliser and manure spreading.
NFU Cymru President Aled Jones said: “This case was not about seeking to ignore agricultural pollution incidents or trying to reduce environmental protection.
"It was about ensuring that when the government makes decisions which impact the Welsh farming industry, it does so based on a proper assessment and understanding of those impacts.
"I hope that the arguments raised during this case will have made government take notice of the impact these regulations will have on farmers, and we will continue to look for opportunities to find ways to reduce the burden on farmers."
Farming groups have called on the Welsh government to increase the support offered to farmers in order to be able to comply with the regulations.
According to NFU Cymru farmers face having to find up-front costs of £360m and ongoing yearly costs of £14m a year to meet the requirement of the rules.
Mr Jones highlighted that some farming families had left the industry as a "direct consequence" of the water quality regulations.
"The package of support to farmers to make these drastic changes is, in our view, woefully inadequate," he added.
"I hope that Welsh government will increase the existing funding available to support farmers in complying with the regulations."
