Pilot catchments test new water quality actions to comply with Costa Beck ruling

Defra and the Environment Agency (EA) are working on updated programmes of measures to deliver River Basin Management Plans that are consistent with the Court of Appeal’s final judgement in the Pickering Fisheries Association case about the Upper Costa Beck in Yorkshire.

Water minister Emma Hardy gave this as an update to Parliament last week after committing in May (following the appeal case) to change the department’s approach.

The EA is part way through a review of measures needed to support nationwide action to improve water quality, Hardy confirmed. “To support this work, Defra and the Environment Agency also intend to develop a targeted, ‘ground up’ approach to reviewing and identifying new programmes of measures in a small number of catchments. The EA plan to work with local stakeholders with knowledge of the local issues affecting their catchments and test new approaches in identifying the actions needed to improve water quality,” she said.

The move is the first step, with further action to follow, including reform aligned with the Government’s response to the Independent Water Commission recommendations.

In April, the Court of Appeal upheld a December 2023 landmark High Court judgement which went in favour of the Pickering Fishery Association and Fish Legal in their case regarding water quality action in the Upper Costa Beck. This found 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.