Fisherman launches High Court challenge against DAERA over Lough Neagh pollution crisis

Eel fisherman Mr Declan Conlon, whose family has fished Lough Neagh for generations, has brought a judicial review against the Department of Agriculture, Environment and Rural Affairs (DAERA).

The case argues that DAERA continues to rely on inadequate plans and unenforced pollution regimes despite clear evidence of ecological collapse over several years. It raises serious questions about how agricultural pollution is addressed by DAERA in Northern Ireland. 

Lough Neagh, the largest lake in the United Kingdom and Ireland, providing approximately 40% of Northern Ireland’s drinking water, has suffered years of severe blue-green algal blooms and ecological decline – which can be seen from space.

In a sworn affidavit to the High Court of Justice in Northern Ireland, Mr Conlon described the deep generational connection his family has to the lough.

“Our father James Gerard Conlon was an eel fisherman and his father Hughie Conlon before him was an eel fisherman. Going further back than that, beyond memory, my family would all have been fishermen.”

“My way of life has been destroyed by the blue-green algae and I want DAERA to do whatever is necessary to stop the algae and safeguard and protect Lough Neagh, the fish, the flies and the wildlife for the benefit of future generations.”

Speaking about the legal challenge, Declan Conlon said, “I’ve fished Lough Neagh all my life, just like my father and his father before him. Now I’m watching it die in front of my eyes. This isn’t just about my livelihood – it’s about justice for the lough before there’s nothing left for the next generation.”

Enda McGarrity, Director at P.A. Duffy & Co. and solicitor for Mr Conlon, said the case reflects the lived experience of those whose livelihoods depend on the health of the lough and is about securing justice for Lough Neagh and the communities who rely on it.

“Declan Conlon has fished Lough Neagh his entire life, and what he is witnessing in recent years is a collapse unlike anything seen before.

“Where there was once abundance, there are now no flies for the eels to feed on, barely any birds, and stretches of water that smell so foul you cannot stand near them.

“He has seen the impact with his own eyes, from wildlife disappearing to reports of animals becoming sick after contact with the water. The blue-green algae is not just unsightly; it poses a real risk to health.

“Declan did not take this case lightly. He has brought this challenge because he believes the lough, his livelihood, his way of life, and the community that depends on it deserve proper protection under the law.”

River Action UK and Friends of the Earth Northern Ireland will apply to intervene in Mr Conlon’s legal challenge concerning the ongoing pollution crisis affecting the lough.

We are seeking to intervene in the judicial review to help the Court assess whether DAERA is complying with its legal duties to protect Lough Neagh. By drawing on recent legal cases addressing agricultural waste, nutrient pollution and river basin planning in England, River Action hopes to establish that DAERA must put in place clear, enforceable measures to reduce pollution and restore the health of the lough and its internationally important habitats.

River Action’s Head of Legal Emma Dearnaley said, “Declan Conlon’s case raises urgent questions about whether enough is being done to tackle the pollution driving the decline of Lough Neagh. When pollution persists year after year and ecological harm becomes impossible to ignore, it is right to ask whether the legal frameworks designed to protect Northern Ireland’s waters are being properly applied. River Action seeks to assist the Court in answering that question. 

“For too long, decision-makers have relied on plans and promises while pollution has continued and Lough Neagh has visibly deteriorated. We hope this case will help bring about the clear, enforceable action needed to reduce pollution and restore this vital ecosystem.”

Leigh Day partner Ricardo Gama, who represents River Action, said, “As a national organisation, River Action hopes to make sure that all jurisdictions in the UK are taking a correct and consistent approach to dealing with the acute pollution crisis in our rivers and lakes. 

“They have already established important legal principles in cases brought in England, and they hope that they can bring these principles to bear in Mr Conlon’s case. This would not only be for the benefit of Lough Neagh, but also every other water body at risk of ecological collapse in Northern Ireland.”

Friends of the Earth NI has been campaigning to protect Lough Neagh for decades. Standing in solidarity with communities and grassroots groups such as Save Lough Neagh, Friends of the Earth NI is committed to seeking justice for Lough Neagh, whether that be inside our Courts or outside. 

Over 50,000 people have supported Friends of the Earth NI’s five point plan for a just settlement for the Lough. 

James Orr, Director, Northern Ireland, Friends of the Earth said, “Lough Neagh is dying and it is dying in plain sight.

“It is a sad indictment of the state of our environmental protection regime that it has taken a local fisherman to challenge government inaction through the Courts to protect the Lough.

“For generations the lough and its communities have been betrayed by those in power. Yet again, taking this case shows the leadership to protect our life support systems is coming from our local communities.”