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Month: March 2023

Raw sewage dumped into english rivers over 800 times a day, data reveals

Posted on by lewis

Recently released data from the Environmental Agency shows the disgraceful performance of the nation’s water companies.  

Raw sewage was dumped into rivers 824 times a day in 2022 – despite the fact most of the country was in drought for prolonged periods of the year.

Water companies say they have to discharge sewage into waterways when drains are overwhelmed by weather events such as heavy rainfall. However, recently released data from the Environment Agency (EA) reveals there were just over 300,000 sewage spills in 2022, which was a record dry year.

While the data shows a 19% reduction in the number of sewage spills – down from 372,533 in 2021 to 301,091 spills in 2022 – the EA highlights that it was still more than would have been expected as last year was so dry.  

Rather than invest in updating their sewage system and securing clean water supplies, water companies have instead continued to dole out a combined total of £1bn to shareholders. These are the same companies that have continually failed to upgrade the UK’s outdated sewage infrastructure. 

So how are  these polluters allowed to get away with this outrageous degradation of our rivers?

One reason has to be the fact that over the last 10 years, the EA’s funding has been slashed by 70%, crippling their ability to investigate and leaving water companies free to pollute with impunity. 

With almost 5,000 hours of sewage being discharged into waterways every single day, it’s time for the government actually hold the industry to account, properly funds our environmental regulators, and penalises severely those who break the law Without transparent monitoring and meaningful fitness, profiteering water companies will continue to put public health and water security at risk. 

World Water Day 2023: The State of English Chalk Streams

Posted on by lewis

On this World Water Day, we want to focus our attention on the importance of chalk streams and advocate for the sustainable management of these unique and vulnerable freshwater resources.

Chalk streams are a quintessential part of the English landscape and are home to an incredibly special array of fauna and flora. These rivers are also a crucial freshwater resource, providing millions of people in the UK with water. However, over-abstraction, abuse, and climate change is placing huge pressure on these unique and vulnerable ecosystems.  

What are chalk streams and how are they under threat?

Chalk streams are some of the planet’s rarest habitats and 85% of them are found in Southern and Eastern England. Chalk streams in their natural condition are home to a profusion of wildlife.  Botanically they are the most biodiverse of all English rivers.  For invertebrates, fish, birds and mammals, they offer a vast range of habitats. 

However, chalk streams are under immense pressure. There are a host of reasons why our chalk streams are at risk.  This includes pollution, a decline in native species, development and population growth in the South East of England, and the fact that we simply waste too much water.

The most pressing of all is the low flows and chronic over-abstraction. We have become dependent on chalk streams for water supply and, in recent years, we have simply not had enough rain to support the level of abstraction still taking place.  Our chalk streams are, quite simply, dying from a lack of water. 

Abstraction

First of all, chalk streams are being drained of water by companies trying to meet the nation’s increasing thirst. This process began in the 1970s as more and more homes were being built and fitted out with dishwashers, showers, washing machines and other domestic appliances. These devices have helped to cause a 70% increase in household water use in the UK and, as a result, abstraction rates have soared across the country. This has only been exacerbated by the lack of investment water companies have put into water storage infrastructure. No new reservoirs have been built for decades, so now water companies are taking more and more water out of rivers as a result, particularly in drought conditions when rivers are at their most vulnerable.   

Agricultural irrigation also has a large impact on chalk streams. More than 1,000 agri-businesses depend on irrigation to produce fruit and vegetables for the nation’s wholesalers, supermarkets, and food service sectors.  However, irrigation water use is concentrated in the months and years when resources are most constrained. As a result, in some dry summers, irrigation of food crops can be the largest abstractor in some chalk streams.

Climate Change

Abstraction is not the only problem.  There is also the impact of global warming, which is triggering more and more heatwaves that in turn are helping to dry out streams and rivers.

Whilst we typically associate water security as an issue for drier climates, hotter drier summers and less predictable rainfall has led to increased drought risk and possible water shortages in the UK.  

This threat is now becoming a major concern after the Met Office warned recently that over the next five years, there is now a 40% chance that global temperatures will reach 1.5°C above pre-industrial levels, the upper limit that climate scientists want to set for the warming of our planet.

In recent years, rising numbers of heatwaves have led to increasing numbers of chalk streams being drained dry in many places: some have stopped flowing in the headwaters or dried up in low rainfall years. Some have stopped flowing at all. Most have been reduced to shadows of what they once were.

 Conclusion

There is no doubt that we are on the verge of a water shortage crisis in the UK, which is already impacting our chalk streams and other rivers. With growing pressure from climate change, population growth and pollution, ensuring no further deterioration will be challenging without a step change in management. 

At River Action, we want to see greater protection for these iconic and globally important rivers. Government, regulators and water companies must collectively acknowledge the conservation value of the chalk streams if we are to make considerable progress towards protecting these precious habitats for wildlife and for future generations.

River Wye catchment area landowners, businesses and clubs may have legal claim for damages against chicken producers for pollution

Posted on by lewis

Law firm Leigh Day is investigating the potential for Wye Valley residents to sue chicken producers whose farming on an industrial scale is polluting the River Wye.

It is believed that people whose property lies within the River Wye catchment area have a good prospect of bringing a civil claim against companies involved in the production of poultry in the area.

The River Wye catchment crosses Powys and Herefordshire and has been at the forefront of the expansion of the chicken industry in the UK and researchers estimate the area houses 20 million or more birds at any one time, often in very large poultry units. The largest poultry processor is Avara, which reportedly processes two million birds a week in its Hereford plants alone.

Other producers supplied by chicken rearing operations in the Wye Catchment area include Noble Foods.

It is alleged that the high intensity farming is badly affecting the water quality of the River Wye to which landowners and others have a right under common law.

A separate legal claim against the Environment Agency, citing its failure to enforce the rules governing the amount of organic manure and artificial fertiliser that can be spread on agricultural land from which water runs off and leaches into the River Wye has been issued in the High Court.

Landowners, businesses, wildlife organisations and clubs such as swimming, angling and water sports organisations may have the right to use the watercourse and the right to receive water in its natural state without undue interference in its quality or quantity.

The civil claim is likely to allege that poultry producers generating significant quantities of phosphorous-rich manure which leach into the soil and into the river are, among other things, raising phosphorous levels which cause algal blooms which in turn cause biodiversity loss. The entitlement to clean free-flowing water courses means the landowners would have, among other potential claims, a nuisance claim against the chicken producers.

The civil claim is being investigated by a team led by Leigh Day partner Oliver Holland.

The deterioration in the state of the River Wye has been well documented and resulted in the public law claim that was issued this week. That claim explained that:

The Wye was designated a Special Area of Conservation (SAC) to protect the river’s once-famous extensive Ranunculus river weed beds. However over 90 per cent of the river’s Ranunculus has now been lost, smothered by the algal blooms which means the river is not meeting the SAC conservation status specified by the Habitats Directive. In June 2020, a thick algal bloom extended for over 140 miles, almost the entire length of the river.

  • The Wye was designated a Special Area of Conservation (SAC) to protect the river’s once-famous extensive Ranunculus river weed beds. However over 90 per cent of the river’s Ranunculus has now been lost, smothered by the algal blooms which means the river is not meeting the SAC conservation status specified by the Habitats Directive. In June 2020, a thick algal bloom extended for over 140 miles, almost the entire length of the river.
  • A study published in May 2022 by the University of Lancaster, Re-focusing Phosphorus use in the Wye Catchment (RePhoKUs Study) concluded that 60-70 per cent of the river’s total phosphorus load now comes from agriculture and an excess load of 3,000 tonnes of phosphorus is still being added to the river catchment area each year. This excess is accumulating at a rate equivalent to 17kg of phosphorus per hectare when the national average is 7kg per hectare.

Landowners who may be able to join the potential civil claim against large-scale chicken producers may have previously enjoyed abundant quality fishing and bathing in the stretch of the River Wye that their land borders.

It is likely that they will have experienced a severe loss of that amenity.

River Action is supporting the civil legal claim. Chairman and founder Charles Watson said:

“In addition to the failure of our environmental protection agencies to protect the Wye from the impact of agricultural pollution, the causes of the collapse of the river go much further. It is our belief that a number of major agricultural processing companies, who have profited hugely from the rapid growth of intensive poultry production, should have been more than aware of the environmental damage their supply chains have inflicted on the river.” 

Leigh Day partner Oliver Holland said:

“The pollution of the River Wye has reached such an extent that some predict it will suffer irreversible harm within a couple of years. Local businesses, landowners, wildlife groups and sports organisations all recognise the decline of this special natural environment. The work of dedicated researchers and conservationists has revealed the acute harm caused to the river, and as a result, to those who live in its catchment. We believe poultry producers have a case to answer for their role in bringing this deplorable situation about. We urge all those who think they may have been impacted by this urgent issue to contact us.”

Anyone who thinks they might have been affected in the way described can contact Nicholas Smith at Leigh Day on nsmith@leighday.co.uk or call 020 7650 1200.

River Action challenges Environment Agency for failing to protect rivers from agricultural pollution

Posted on by lewis

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● River Action applies for judicial review against the Environment Agency (EA) for failing to apply the Farming Rules for Water on the River Wye
● River Action believes that consequently the EA is failing to protect the River Wye from phosphorus pollution, which is causing algal blooms that have led to the loss of 90% of the river’s famous and protected Ranunculus bed
● 60-70% per cent of total phosphorus load on the River Wye now comes from agriculture
● Phosphorus on the River Wye is accumulating at a rate equivalent to 17kg per hectare compared to the national average of just 7kg per hectare.

River Action, a charity campaigning to stop pollution across UK rivers, has today issued a legal claim in the High Court against the Environment Agency (EA) for failing to prevent the spreading of excess organic manure.

The charity claims that the EA is complicit in allowing destructive levels of nutrients to leach into the River Wye causing significant widespread ecological damage to the river.

In applying for a judicial review, River Action accuse the EA of failing to apply the Farming Rules for Water (FRfW), that prohibit applications of “organic manure or manufactured fertiliser” to farmland in a way that would raise nutrient levels above what is “needed by the crop and the soil”.

Statutory guidance from the Department of Environment Food and Rural Affairs (DEFRA) states that land managers should plan to avoid applying organic manures that raise the Soil Phosphorus Index above target levels for soil and crop on land over a crop rotation, unless they can demonstrate that:

  • It is not reasonably practicable to do so.
  • They have taken all appropriate reasonable precautions to help mitigate the risk of diffuse agricultural pollution.

However, as crop rotation can take place over several years, this approach fails to protect the River Wye from phosphorus pollution. The Environment Agency is slavishly following the statutory DEFRA guidance at the expense of enforcing the Farming Rules for Water.

In addition, the EA is not applying the rules in a way that fulfils the Habitats Directive, and therefore is also in breach of the Habitats Regulations. The River Wye catchment is inundated with poultry units, with over 20 million chickens being reared for meat and eggs at any one time, equating to around 25% of total UK poultry production. The rapid growth in the region’s intensive poultry industry over the last decade has resulted in huge volumes of manure being spread on agricultural land. This has led to substantial surplus of phosphorus in the soils of the river catchment. These contaminants subsequently leach into the river, resulting in prolonged algal blooms that turn the river an opaque green, suffocating plants and wildlife.

The Wye was designated a Special Area of Conservation (SAC) to protect the river’s once-famous extensive Ranunculus river weed beds. However over 90% of the river’s Ranunculus has now been lost, smothered by the algal blooms. Consequently, the river is not meeting the SAC conservation status specified by the Habitats Directive. In June 2020, an unprecedented thick algal bloom extended for over 140 miles, almost the entire length of the river.

A study published in May 2022 by the University of Lancaster, Re-focusing Phosphorus use in the Wye Catchment (RePhoKUs Study) concluded that 60-70% of the river’s total phosphorus load now comes from agriculture. An excess load of 3,000 tonnes of phosphorus is still being added to the river catchment area each year. This is accumulating at a rate equivalent to 17kg of phosphorus per hectare compared to a national average of just 7kg per hectare.

Charles Watson Chairman and Founder of River Action said:

 “The severe ecological collapse of the iconic River Wye is one of the great environmental scandals of our times. The sickening tragedy is that this could have been seriously mitigated had the Environment Agency enforced existing environmental regulations to prevent the excess application of animal waste on land that was already oversaturated with nutrients. The irony is that the same government that introduced these regulations is giving the EA

explicit guidance not to enforce them. This unlawful conduct of the EA has to stop now.”

River Action is represented by Leigh Day environment team solicitor Ricardo Gama, who said:

“The Farming Rules for Water were introduced in 2018 specifically to deal with the issue of agricultural pollution in rivers like the Wye but from documents we’ve seen it’s clear that the Environment Agency is choosing to apply the rules in a way that is inconsistent with their own interpretation of how the rules are supposed to work. This means that manure–essentially an industrial waste product from meat and dairy production – is allowed to flow into our waterways with impunity. Our client hopes this claim will force the EA to reassess their approach and start applying the rules properly.”

For enquiries, comment or further information, please contact:

RIVER ACTION:
• Amy Slack, Campaigns Manager: email: amy@riveractionuk.com, Tel:
07878607319
• Molly Allen, Communications Coordinato: molly@riveractionuk.com,
Tel:07599416773

Leigh Day:
Pressoffice@leighday.co.uk

Notes to Editors
1. The Farming Rules for Water is the colloquial term used for the Reduction and Prevention
of Agricultural Diffuse Pollution (England) Regulations 2018
2. River Action claim the EA is in breach of regulation 9(3) of The Conservation of Habitats and Species Regulations 2017

International Women’s Day 2023: Women at the heart of the plight to Rescue Britain’s Rivers

Posted on by lewis

On International Women’s Day, we’re celebrating some of the women who are playing a critical role in fighting the destruction of our rivers and pushing for change that prioritises our precious waterways and wildlife and people over profit and greed.

Angela Jones: Wild Woman of the Wye

Angela Jones – known as the ‘Wild Woman of the Wye’ – is an outdoor adventurer, wild swim specialist and kayaking guide who has a deep connection with the River Wye – one of Britain’s longest and most famous rivers.  

Angela plays a critical role in raising awareness of the declining state of the Wye, tirelessly gathering data and information on the river’s deteriorating condition to hold those to account who continue to pollute and exploit it.

In 2021, Angela bought a coffin, marked it with the words “Death of the Wye”, and towed it down stretches of the Wye to bring attention to the dire state of the river. And last summer, she entered the waters of the Wye towing a large model egg box to highlight the horrific impact that phosphates from intensive poultry units littered along the catchment are having on the Wye’s delicate ecosystem.   

Angela has also appeared on BBC ONE’s Panorama programme about how pollution is killing our waterways; she helped both George Monbiot with his film Rivercide and the BBC with their documentary: “Our Troubled Rivers”, and we will soon see her and the Wye appearing on BBC’s Countryfile.

Find out more about Angela’s exceptional work here.

Rachel Salvidge and Leana Hosea: Watershed Investigations

Rachael Salvidge and Leana Holsea are the founders of Watershed Investigations, – independent, not-for-profit investigative journalism that partners with national and international media to shine light on all aspects of the water crisis. 

Since its launch in 2022, Rachael and Leana have played a key role in uncovering high-impact stories in the UK and abroad.  They focus on evidence-based stories that “hold the powerful to account, uncover abuses, illuminate overlooked stories and champion solutions”.  

A recent example includes their investigation that revealed a terrifying scale of ‘forever chemical’ pollution in UK waterways.  It launched on the front page of the Guardian on the 27th February and included seven extraordinary stories that stretched over three days.

Becky Malby: Ilkley Clean River Group

Becky Malby is the co-founder of the Ilkley Clean River Group – a campaign set up three years ago by residents who were shocked at the way the River Warfe was being treated as an open sewer.

As a group, they were successful at getting the first ever Bathing Water designation on a UK river in 2020. This ensured Environmental Agency are testing of the quality of the river Warfe, instillation of signage so that the public knows how polluted the river is, and placed increasing pressure on the regulators and water company to do their duty to clean up the river.

Becky has been a driving force for exposing the failure of the water industry and regulator at both a local and national level. Her work with the Ilkley Clean Rivers group has resulted in huge investments from Yorkshire Water in upgrading sewerage works around Ilkley. 

Find out more about the Clean Ilkley Rivers Group here.

Morgan Schofield, Patricia Ronan, and Jennie Hewitt: The ‘3 Wyes Women’

In August 2020, Jennie, Morgan and Patricia kayaked and walked the length of the river Wye,nearly 250 km in length, to raise awareness of the river’s depleted ecosystem and the biodiversity that is under threat.

They chronicled their trip on social media, and their campaign was followed closely by our founder, Charles Watson. It was their tales of degradation that prompted Charles to launch River Action in February 2021. 

Today they continue to raise awareness and are all involved in regularly monitoring the river’s condition.

You can read more about the brilliant 3 Wyes Women here

Amy Slack: Campaigns Manager at River Action

Last, but certainly not least, is our very own Campaigns Manager, Amy Slack.

Amy has worked in the environmental sector for over 15 years, and in that time has become a leading voice for better water quality.

As Head of Campaigns & Policy at Surfers Against Sewage, Amy played a key role exposing the true extent of the UK’s sewage scandal – calling out polluters on their destructive habits, demanding urgent government action, and leading SAS’s public protests.    

Having recently joined the River Action team Amy’s knowledge and experience will play an integral part in our mission to rescue Brittons rivers, helping ensure that clean rivers are at the top of every politician, voter, business leader and consumer’s priorities. 

Find out more about the role Amy will play in rescuing Britain’s rivers here.