Court rejects government appeal in landmark river health case

The Court of Appeal has upheld a December 2023 landmark High Court judgement 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.

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 (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 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.

On the latest victory, Fish Legal said: “This comprehensive win for us in the Court of Appeal sets out a blueprint for restoring damaged rivers across the whole country. It should be a turning point for improving river health nationwide.” It added: “With only 16% of waterbodies – 14% of rivers – currently achieving ‘good ecological status,’ this ruling against the Government has significant implications for RBMPs across the country.”

The Office for Environmental Protection (OEP) welcomed the judgement. It intervened in the case to highlight the importance of clarity in the law to promote positive outcomes for the water environment.

OEP general counsel Peter Ashford said: “The judgment will also be relevant to our recently-launched investigation into possible failures by Defra and the Environment Agency to comply with the Water Framework Directive Regulations, which includes consideration of generic programmes of measures that do not address specific issues in individual water bodies. It also considers the fact that Government adopted plans with low confidence that they would achieve relevant environmental objectives… The findings of the court are also of wider significance, supporting the OEP’s continued calls for other government environmental targets to be accompanied by transparent delivery plans that demonstrate how those targets will be met.”