The judge hearing the Government’s appeal against a 2023 landmark legal case which went in favour of the Pickering Fishery Association (PFA) and Fish Legal in their case regarding water quality action in the Upper Costa Beck reserved judgement after a two-day hearing last week.
A decision is awaited.
At the original Judicial Review, Mrs Justice Lieven ruled that the Government and regulator had failed in their mandatory legal duties to review, update and put in place measures to restore the polluted trout and grayling river, under the Water Framework Directive.
Fish Legal, acting on behalf of the PFA, brought a legal challenge to the Government’s December 2022 River Basin Management Plan for the Humber district, as signed off by the secretary of state. They argued the plan lacked the legally required measures necessary to restore the Upper Costa Beck, such as a review and tightening of inadequate discharge permits and other authorisations to tackle the root causes of the fish failure, including recurrent sewage spills.
The win for the PFA was heralded as a landmark ruling that could have consequences for waterbodies across the country. The PFA and Fish Legal argue that to improve rivers nationwide, specific actions are required to sort out the problems that have already been identified for every waterbody.
The Court had ordered the EA to re-work the Humber RBMP. However, in December, Fish Legal filed a new Judicial Review to challenge the resulting EA review of measures for Costa Beck, calling them “inadequate and unlawful”. The new claim is on hold pending the outcome of the Government’s appeal.
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