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Thousands join lawsuit over Welsh rivers pollution

  • 5 days ago
  • 2 min read

(by Karma Loveday)


Law firm Leigh Day has filed a group claim in the High Court against the pollution of the Rivers Wye, Usk and Lugg. The action has been taken against Welsh Water for sewage pollution, and against chicken production giants Avara Foods and Freemans of Newent for causing high concentrations of phosphorus, nitrogen and bacteria to enter the rivers from the spreading of industrial quantities of poultry manure on land.


All three companies have denied the claims and will fight the case if it proceeds. In Welsh Water’s case, it could be expected to point to significant investment in recent years to improve water quality in the catchments, and to the fact that as a not-for-profit operator, any compensation payments would reduce the pot for further environmental spending.


The claim alleges the pollution has caused private nuisance, public nuisance and trespass (from sewage deposited on the river bed) as well as negligence, and that the deposit of manure and bio solids on agricultural land is a breach of section 73(6) of the Environmental Protection Act.


With around 4,000 claimants signed up by last week, Leigh Day said this was the biggest ever case over environmental pollution. The claim is open to all residents, local business owners, or people who use the rivers for leisure time. The claimants seek the court to order all three companies to clean up the rivers and restore them to health, and to pay damages for the impact the pollution has had on business, recreation, tourism and property values since August 2019.


A key section of the claim is brought on behalf of people impacted by the Lugg Moratorium – a building ban in force around the river Lugg since 2019 in an attempt by Herefordshire County Council to protect the river from further pollution.


Leigh Day’s international and group claims partner, Oliver Holland, who is leading the claim, said: “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.” The lead claimant is Justine Evans, a wildlife film maker and Wye local.

 
 
 

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