The UK’s biggest-ever environmental pollution legal action is set to be filed in the High Court over the alleged “degradation” of the River Wye.
Thousands of residents and local business owners have joined the claim against two industrial chicken production firms and Welsh Water, saying the alleged pollution of the river has had a “severe impact” on business and leisure in the area.
The nearly 4,000 claimants are seeking “substantial damages” and a mandated clean-up order from Avara Foods Limited, Freemans of Newent Limited and Welsh Water in what lawyers called “the last avenue for justice”.
Legal firm Leigh Day, which is leading the claim, said in a statement that it relates to the Wye, its tributary the River Usk, as well as the River Lugg, which run through Wales and southwest England.
The claim alleges the rivers have become polluted through run-off water from nearby farmland, which it says contained “high concentrations of phosphorus, nitrogen and bacteria” due to the spreading of “thousands of tonnes” of poultry manure.
It adds that this pollution has led to a growth of algae that has suffocated fish, harmed fauna, and led to “key species deaths” and bad smells as it decays.
It alleges the actions of the firms amount to private nuisance, public nuisance and trespass (from sewage deposited on the river bed) as well as negligence, and that the deposit of manure and biosolids on agricultural land is a breach of the Environmental Protection Act.
Leigh Day said: “All allege that Avara, Freemans and Welsh Water are responsible for river pollution and the severe impact it has had on businesses, recreation, tourism and property values since August 2019 and ask the court to award substantial damages for that period.
“They also ask the court to order all three companies to clean up the rivers and restore them to health.”
Oliver Holland, who is leading the claim at Leigh and Day, said: “We see this legal claim as the culmination of an extraordinary effort by local community members and campaign groups to research, monitor and advocate for their rivers. Formally commencing this legal action is a concrete step towards protecting these vital national ecosystems.
“The court will now hear leading experts on the allegations of environmental harm, and will be asked to order those responsible to clean up these rivers, and restore these communities and wildlife that depend on them.
“This is the largest legal action concerning environmental pollution 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 other option but to seek accountability through the legal system – and this marks the next step in that journey.”
A Welsh Water spokesperson said it intended to defend the case “robustly”, adding it had invested £70m into the improvement of their sites on the River Wye over the last five years.
“We are also currently investing £33m to improve the Usk River,” it said. “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.
“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.”
A spokesperson for Avara Foods commented: “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.
“The focus instead needs to be on solutions that will improve the health of the river, addressing all forms of pollution and the effects of climate change, and for action to be taken accordingly. We employ 5,000 people in the UK and approximately 1,500 people in the catchment area, and we all want a healthy River Wye.”
Freemans of Newent is a subsidiary of Avara Foods.
