Leigh Day launches compensation claim for Wye locals hit by chicken pollution

Law firm Leigh Day has launched legal action against Avara Foods, alleging that industrial scale chicken farming in the River Wye catchment area is polluting the river and surrounding land.

Avara is reportedly responsible for 80% of the birds in the River Wye catchment area. Avara has said that it will cease polluting the river in the future. However, Leigh Day will argue that Avara Foods is responsible for the damage that has already been caused by phosphorous pollution and should clean up the River Wye and the surrounding land, as well as pay hundreds of millions of pounds to people and businesses whose lives, livelihoods and enjoyment of the area has been impacted because of the effects of pollution.

These are defined as those who live in a 4,000km² area in Powys, Herefordshire and Monmouthshire and whose recreation or work has been affected, or those who have to put up with the smells, insects and noise associated with chicken farming. The case alleges both public and private nuisance and locals are invited to join the action.

The legal claim will also look to prevent Avara Foods from polluting the river further if the company doesn’t carry out its pledge.

Avara Foods is a UK subsidiary of US multinational Cargill Plc which has faced similar claims in the US as a result of polluting the Illinois River.

Natural England last year downgraded the Wye to “unfavourable – declining” status.

Leigh Day is supported by campaigner River Action, which is separately (with Leigh Day) pursuing a judicial review against the Environment Agency for failure to enforce the rules governing the spreading of organic manure and artificial fertiliser on agricultural land, from which water runs off and leaches into the River Wye.

• Welsh stakeholders last week held the fourth River Pollution Summit, focused on conserving of Special Areas of Conservation (SAC) rivers and tackling phosphate pollution. Minister for climate change Julie James said in a statement that since the first summit in 2022, much had been achieved including unlocking affordable housing, including through Natural Resources Wales reviewing 75% of discharge permits and the Welsh Government developing an all-Wales nutrient calculator to help local planning authorities make informed decisions. 

NRW presented on its actions, including the Four Rivers for LIFE project, which is testing interventions on four SAC rivers, and the Teifi Demonstrator Catchment project, which includes novel regulatory approaches and different ways to visualise data in the catchment. 

James said: “I am confident the collaborative efforts initiated through the summits will continue to deliver results for people in Wales, continuing to unlock social housing development and providing the basis for further targeted initiatives to restore our vital river ecosystems to resilience.”

However River Action chair Charles Watson tweeted in response to the “self congratulatory” statement: “What planet are these people living on? Most of Wales’ SACs are failing under deluge of agri & pollution. Amongst all this delusional puffery not one tangible solution on offer.”