High Court hears River Wye pollution case in landmark legal action

A legal claim backed by more than 4,500 campaigners about pollution in the rivers Wye, Lugg and Usk, has begun being heard in court today.

Campaigners gathered outside the High Court in London where the case, described as the largest of its kind, is having its first hearing.

The claim is against chicken producer Avara Foods Limited and its subsidiary Freemans of Newent Limited, as well the water company Dŵr Cymru Welsh Water.

The case argues that Avara’s and Freemans of Newent’s farming operations, alongside Dŵr Cymru Welsh Water’s management of the sewer system, have resulted in widespread pollution in the three rivers. All three deny the allegations.

Monday's hearing sees the parties appear in court for the first time to argue how the claims should be managed going forward.

The legal claim alleges that pollution has been caused by water run-off from farmland containing high levels of phosphorus, nitrogen and bacteria from poultry manure spread on the land as fertiliser.

It also alleges bacteria and nutrient pollution in the rivers has been caused by the discharge of sewage directly into the rivers from Dŵr Cymru Welsh Water sewerage systems.

Leigh Day, who are the the solicitors leading the claim, partner Oliver Holland said Monday's hearing was an important first step.

They said: "There has been a great deal of effort put in by the community and environmental campaigners to help drive the proceedings to this point, showing the strength of feeling from those involved about the state of the rivers.

"They feel that the government and regulators have not done enough to prevent the deterioration of these rivers, leaving court action as their only option to pursue environmental justice.

“In this hearing, important aspects of case management such as deadlines for the next stages and disclosure of information by both sides will be determined. We are hoping for a positive outcome, and to be able to look ahead to presenting our clients’ arguments in full to the High Court in due course.”

River Action's head of legal Emma Dearnaley said the case came at a "critical time".

She added: “We believe industrial-scale chicken production supplying major supermarkets and fast-food chains has placed immense pressure on the Wye, Lugg and Usk, driving nutrient pollution levels that these sensitive ecosystems cannot absorb. Sewage pollution must also be reduced and stopped to reverse the decline of these rivers.

“River Action supports this claim because it gives a voice to thousands of people who refuse to accept the continued degradation of their rivers. Communities should not have to live with the consequences of sewage pollution or an intensive farming model that we believe pollutes their waterways. This action offers an important way to hold those allegedly responsible to account and secure the systemic change needed to protect and restore our rivers for generations to come.”

Campaigners outside the High Court spoke about the Significance of the action. Justine Evans said the "claim is symbolic of what's happening everywhere".

"The river is suffering from huge quantities, to put it crudely, of poo going into the river Wye, Usk, and Lugg, Ms Evans added.

"It’s essentially run-off from chicken manure and human sewage."

Another campaigner, Lorien Cadier, said the claim is providing a voice for rivers

She said: “Our rivers deserve a voice. They’ve been polluted by farmers, they’ve been polluted by agriculture, and road runoff.

"It’s almost too late when we realise they are dead and we got to try and restore them.”

Avara Foods described the allegations as "misconceived" and said it believes the claim is "unsupported by any proper science".

In a statement, the company said: “This Case Management Conference is a procedural hearing and does not consider the merits of the case. "The allegations are misconceived and reflect a misunderstanding of both our business and the wider factors affecting river health. We are confident in our position and believe the claim is unsupported by any proper scientific basis. “Environment Agency data has noted that there has been a downward trend in phosphorus levels which are now understood to be lower than they have been since the early 1990s. More broadly, independent research makes clear that river health is influenced by multiple factors that are unrelated to our operations. “We employ thousands of people and partner with hundreds of farmers to help feed millions across the UK each week. Around nine in ten people in the UK eat chicken, and British poultry plays a critical role in meeting that demand with affordable, high-quality food produced here in the UK."

Dŵr Cymru Welsh Water also said it believed the case was "misguided".

A spokesperson said: “Protecting and improving the environment, including river water quality, remains a top priority for the company.

“Our work to improve river water quality is guided by data and assessments from our environmental regulators National Resources Wales and the Environment Agency.

“Between 2020-2025 we invested more than £76m on reducing nutrient levels to improve water quality on the Wye, Lugg and Usk rivers. Ofwat have allocated us a further £87m to invest between 2025-2030 to continue this important work.

“We believe this case is misguided and risks diverting time and resources away from the shared goal of improving river water quality.

“Any financial penalties would directly reduce the funding available to invest in essential services and deliver the environmental improvements our customers expect.

“Dŵr Cymru Welsh Water doesn’t have shareholders and pays no dividends.

“The revenue we receive from customer bills is our sole source of funding for maintaining services and upgrading our infrastructure.

“Without profit-driven pressures, any financial surpluses are reinvested for the benefit of our customers, to improve services, support vulnerable households and address environmental challenges.”

Reacting to the case, a Welsh Labour spokesperson said: “Welsh Labour will create a new Welsh water watchdog, introduce a new Clean Water Bill for Wales, and will have a dedicated fund to crack down on water pollution."

The Welsh Conservatives said they would improve bathing water quality with "modern technology".

They added: “The Welsh Conservatives will scrap Natural Resources Wales and replace it with an independent, fit-for-purpose regulator to ensure environmental rules are enforced properly."

Dr Ellie Chowns, leader of the Parliamentary Green Party and MP for North Herefordshire, described pollution in waterways as "a national scandal" and said "much more" needs to be done to tackle the problem - including taking the water sector into public ownership.

She added: "It also includes properly resourcing the Environment Agency so they have the funding and enforcement capabilities they need, supporting farmers to make the transition to river-friendly farming practices, and introducing Water Protection Zones in areas like the Wye Catchment where action is most urgently needed to bring our waterways back to health."

Plaid Cymru said it is "committed" to reducing pollution in our waterways. A spokesperson for the party said: "We'll set new and enforceable targets to reduce pollution in our rivers and seas, based on the ‘polluter pays’ principle and prosecuting serious and serial offenders as necessary.

"We'll also better support farmers to adopt new technologies and practices to reduce agricultural water pollution by implementing a new science-led, outcomes based approach - moving beyond the outdated 'farming by calendar'."

Reform said if elected in May, it would create a Welsh Rivers Act "to address sewage discharge accountability, reward measurable water quality improvements and we support a catchment-based targeted system of nutrient management, instead of the failed blanket NVZ that unfairly punishes farmers".

The Welsh Liberal Democrat Leader Jane Dodds said her party is the only one "consistently championing action on water pollution".

She said: "We believe the sewage scandal must be brought to an end by banning raw sewage discharges into our waterways, stopping unjustified bonuses for water company bosses until leaks and dumping are eliminated, and replacing Ofwat with a tough new Welsh regulator with real enforcement powers.

"Natural Resources Wales must be properly funded and equipped so it can monitor and tackle pollution effectively. Quite simply, our rivers like the Wye deserve urgent action and long-term protection for future generations.”

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