Thousands bring UK’s biggest ever environmental pollution legal action claim over River Wye
Britain’s biggest ever pollution case is to be brought in the High Court over alleged “degradation” of the River Wye.
Thousands of residents and local business owners have joined a lawsuit against two industrial chicken production firms and Welsh Water, saying the firms’ alleged polluting of the river has had a “serious impact” on business and leisure in the area.
Nearly 4,000 claimants are seeking “substantial damages” and compulsory clean-up orders from Avara Foods Limited, Freemans of Newent Limited and Welsh Water in what lawyers call the “last line of justice”.
Leigh Day, the law firm leading the claim, said in a statement that it concerned the Wye, its tributary the River Usk and the River Lugg, which flow through Wales and south-west England.
The claim alleges that the rivers are polluted by runoff from nearby farmland, which is said to contain “high concentrations of phosphorus, nitrogen and bacteria” due to the spread of “thousands of tonnes” of poultry manure.
This pollution, he adds, leads to the growth of algae, which suffocates fish, harms fauna and causes “important species deaths” and foul odors as it decays.
It claims that the firms’ actions amount to private nuisance, public nuisance and trespass (due to sewage deposited in the riverbed) and negligence, and that the release of manure and biosolids onto farmland amounts to a breach of the Environmental Protection Act.
Leigh Day said: “They all claim Avara, Freemans and Welsh Water are responsible for the river pollution and the serious impact it has had on businesses, recreation, tourism and property values since August 2019, and are asking the court to award significant compensation for that period.
“They are also asking the court to order all three companies to clean up the rivers and restore them to health.”
Oliver Holland, who prosecuted the claim at Leigh and Day, said: “We view this legal claim as the result of an extraordinary effort by local community members and campaign groups to investigate, monitor and defend their river. The formal launch of this legal action is a concrete step towards protecting these vital national ecosystems.”
“The court will now hear leading experts on claims of environmental damage and will be asked to order those responsible to clean up these rivers and restore these communities and the wildlife that depend on them.
“This is the largest pollution-related case ever brought in the UK. In a context where government and regulators have failed to prevent the degradation of our rivers, the court has become the last avenue for justice. Our clients believe they have no choice but to seek accountability through the legal system, and this marks the next step on this journey.”
A Welsh Water spokesman said it intended to defend the case “robustly”, adding that it had invested £70 million in improving its sites on the River Wye in the last five years.
“We are also currently investing £33 million to improve the River Usk,” he said. “Unfortunately, water pollution caused by other sectors increased significantly during this period, reducing the overall impact of the water quality improvements we achieved.
“We intend to defend this case vigorously: the fact that we are a not-for-profit company means that any payment to these claimants will necessarily reduce the amount we can reinvest to provide further improvements for the benefit of all our customers and the environment.”
A spokesperson for Avara Foods commented: “We share our concerns about the state of the River Wye, but believe this legal claim is based on a misunderstanding as manure is not stored or spread on poultry farms alone which supply Avara Foods. “Where poultry manure is used as fertiliser, this also applies to other products in other agricultural sectors.
“Individual farmers are responsible for how nutrients are used in their field activities. Avara is not involved in, and has no control over, any field activities. All our poultry is produced in Britain to standards that are among the highest in the world.
“The focus needs to be on solutions that will improve the health of the river, address any pollution and the impacts of climate change, and take action accordingly. We employ 5,000 people in the UK and around 1,500 in the catchment area and we all want a healthy River Wye.”
Freemans of Newent is a subsidiary of Avara Foods.
