OEP seeks to intervene in Pickering case to clarify the law on water quality measures

The Office for Environmental Protection (OEP) has applied to the Court of Appeal to be allowed to intervene in a case concerning water quality regulations, between the Pickering Fishery Association (PFA) and the Defra secretary of state.

The OEP highlighted that the appeal has wider ramifications for what should be contained in planned programmes of measures to achieve environmental objectives for water bodies across England. Its aim in seeking to intervene is to highlight the importance of clarity in the law to promote positive outcomes for English water bodies. This follows the OEP’s recently published report into implementation of the WFD Regulations and River Basin Management Planning in England.

The government is appealing a November 2023 High Court ruling which went in favour of the PFA and Fish Legal in their case against the environment secretary and Environment Agency (EA) regarding water quality action in the Upper Costa Beck.

In November’s 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 (RBMP) 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 Court ordered the EA to re-work the Humber RBMP.

OEP general counsel Peter Ashford said: “Our recently published water report finds that over four in five of our rivers, lakes and other surface waters are not in good ecological condition, or on a trajectory towards it. Having adequate programmes of measures to achieve environmental objectives is key to reversing this trajectory and improving outcomes for water bodies in England. We are interested in this case because of the opportunity to clarify the law here to ensure proper decision-making that promotes positive outcomes for English water bodies.”