Responding to the King’s Speech and the Government’s plans to introduce a Water Bill to improve water quality by putting failing water companies under tough special measures by strengthening the water regulators, CEO of River Action James Wallace said, “We are pleased that river campaigners have been listened to and welcome the news that the Government will put in place a bill to improve water quality by holding water companies accountable by strengthening the water regulators, including the Environment Agency and Ofwat, the latter considered by many to be a captured regulator.
“Cleaning up the UK’s rivers was a Labour manifesto promise so now we wait to see what extra powers, funding and resources the regulators will be given to put failing water companies under special measures, to ban bonuses for polluting water company bosses; and to use the full force of the law to bring criminal charges against persistent polluters who put profit before the health of rivers and river users.
On plans to stimulate economic growth through planning reform and mandatory housing targets, CEO of River Action James Wallace said,
“It remains to be seen how the Government will balance the need for sustainable new homes and healthy rivers. The two are not mutually exclusive.
“The current outdated and underfunded wastewater infrastructure system cannot cope with a nationwide homebuilding program without rapid investment to reduce the risks of putting more sewage into our already dirty rivers. After decades of chronic under investment, the wastewater system buckles when it rains, leading to the release of raw sewage into rivers and the sea, ostensibly to protect properties from overloaded sewers during heavy storm events. In reality, the system can’t even cope with a light rain shower. Therefore, alongside home building with rainwater and grey water reuse, we need legally binding measures and effective planning interventions put in place to protect our rivers from pollution. This means, at a minimum, expanding the capacity of wastewater treatment works and implementing sustainable drainage systems (SUDS) in new sustainable housing developments.”
ENDS
For interviews call Ian at River Action on 07377 547 362.
A legal challenge to Shropshire Council over its decision to give planning permission for a major intensive poultry unit aims to halt the further spread of industrial scale chicken farming both in the county and the wider catchment of the River Severn.
The application for judicial review was initiated and is funded by environmental campaigning group River Action which is waging a legal fight to fully enforce regulations to prevent pollution by intensive agricultural practices in the River Wye catchment area.
River Action says the Wye catchment area has been devastated by the failure to enforce anti-pollution regulations and it is determined to help prevent similar ecological damage to the neighbouring catchment of the River Severn.
The claimant, Dr Alison Caffyn, who lives in Shropshire and is a member of River Action’s advisory board, is represented by the environment team at law firm Leigh Day. She is challenging Shropshire Council over its decision in May 2024 to give planning permission for an application by LJ Cooke & Son for a poultry production unit that will include four poultry rearing buildings, each over 100m long, and a biomass store with boilers at North Farm, Felton Butler, Montford Bridge, Shropshire. The unit would house 230,000 birds, just 400m from an existing poultry site which is believed to house nearly half a million birds.
Permission was initially refused after Natural England advised that three protected sites, Shrawardine Pool, Lin Can Moss and Fenemere, could “be sensitive to impacts for aerial pollutants” and council officers said the plan did not detail proposals for handling chicken manure without an anaerobic digester.
However the plan was approved after LJ Cooke proposed exporting manure to a third party anaerobic digestion unit so that the digestate could be spread on farmland.
Critical objections to the application raised by Dr Caffyn and other local residents were disregarded. These included both the fact that the processing of manure at an off-site anaerobic digestion unit would not cut nitrate and phosphate groundwater pollution as the digestate would still be spread on farmland and that the Hencott Pool and Fenemere protected sites were both in “unfavourable condition” and the development should only be permitted if the “imperative reasons of overriding public interest test” could be satisfied.
Dr Caffyn has applied for judicial review on the grounds that there was:
A failure to assess the effects of spreading manure and the emissions from burning biomass, which as indirect effects of the development, needed to be assessed
A failure to impose a lawful planning condition on manure processing that would mean that the development would not cause groundwater pollution
A failure to carry out a lawful appropriate assessment as required by the Habitats Regulations to ensure that the development would not adversely affect the integrity of a designated protected site
A breach of regulation 9(3) of the Habitats Regulations, which requires the council to take steps to avoid the deterioration of habitats at protected sites
“We simply cannot allow the creation of more of these giant clusters of polluting poultry units.”
Dr Alison Caffyn
She points out that LJ Cooke used data from 2019-2021 to establish background ammonia levels, even though numerous applications for new or varied permits for poultry installations had been granted since 2020 which would enable approximately one million birds to be housed at any time in northern Shropshire.
Alison Caffyn said:
“I am delighted to have the opportunity, supported by River Action, to challenge this attempt to impose yet another massive factory farm upon the beautiful Shropshire countryside. Enough is enough. We simply cannot allow the creation of more of these giant clusters of polluting poultry units. There are already well over 20 million chickens in Shropshire, we don’t need more. Before we know it, the River Severn will soon be suffering the same pollution load as the neighbouring Wye – all because of these misguided and ill-informed planning decisions by Shropshire Council.”
Charles Watson, chair of River Action, said:
“One of the prime causes of the severe pollution of the River Wye was that when granting planning permission for the recent unprecedented proliferation of intensive factory farming units, the local county councils in Herefordshire and Powys never once considered the cumulative pollution impact that so much animal waste would have on the river catchment. Each application was treated as an individual event, with no thought being given to the fact that one of the most concentrated areas of intensive poultry production in Europe was springing up at the very heart of one of the most environmentally protected river catchments in the country.
“Like an appalling car crash in slow motion, exactly the same set of tragic events is now unfolding a few miles away in the neighbouring catchment of the River Severn. Shropshire County Council is waving through the planning system more and more huge intensive poultry unit applications, with no due consideration being given of their cumulative environmental impact and, by their own admission, are not even keeping any record of the number of intensive poultry units now operating across the region.
“River Action is determined to prevent a re-run of the environmental scandal of the Wye taking place across yet another one of the UK’s iconic rivers – hence why we have instigated and are actively supporting this critical legal action.”
Commenting further Alison Caffyn added, “I am delighted to have the opportunity, supported by River Action, to challenge this attempt to impose yet another massive factory farm upon the beautiful Shropshire countryside. Enough is enough. We simply cannot allow the creation of more of these giant clusters of polluting poultry units.
There are already well over 20 million chickens in Shropshire, we don’t need more. Before we know it, the River Severn will soon be suffering the same pollution load as the neighbouring Wye – all because of these misguided and ill-informed planning decisions by Shropshire Council.
Leigh Day environment team solicitor Ricardo Gama, added:
“So far, the approach that we’ve seen adopted has allowed industrial concentrations of poultry and livestock to be produced in highly protected countryside locations. Our client hopes that her claim for judicial review will set a precedent for local authorities across the country determining planning applications for similar developments which will cumulatively have severe impacts on protected sites. She believes that there needs to be a complete rethink of this approach.”
ENDS
For media interviews call Ian at River Action on 07377 547 362 or email media@riveractionuk.com
NOTES FOR EDITORS
Leigh Day represents River Action is its public law action and also represents people bringing a civil claim for nuisance against Avara Foods Ltd, Freemans of Newent and Cargill Ltd arising from damage allegedly caused by chicken pollution in the Wye catchment area.
Responding to the Ofwat announcement that household water bills are set to rise, CEO of River Action James Wallace said, “These bill hikes punish households struggling with the cost-of-living crisis for the abject failure of greedy water companies to invest in their crumbling infrastructure and reduce record sewage spills. For decades the industry has put profit before the environment, rewarding its shareholders with billions in dividends, and in the process filling our rivers with human sewage.
“We face climate breakdown resulting in more intense weather events that put pressure on treatment plants and storm overflows, overwhelmed when it rains. The water companies have realised they’re in a mess of their making and have successfully appealed to Ofwat to approve increases in water bills to climate proof their infrastructure. It begs the question, what have they been doing all these decades and what exactly are households paying their water bills for, apart from lining the pockets of fat-cat CEOs trousering massive bonuses and seeing huge dividends flow to shareholders? Remember, this is an industry that spews millions of litres of sewage into rivers and wastes 3 billion litres of water a day.
“We must fix this national embarrassment of systemic sewage pollution which has caused environmental carnage to our rivers. To do this, rather than hiking customer bills and getting the public to pay for the failure of the water companies, Ofwat should direct their shareholders to urgently invest in fixing their leaky infrastructure.
“Failing water companies should be put into special administration and refinanced to remove the opaque investment structures that have protected shareholders rather than bill payers, communities, and the environment. This process must begin now. We are in a freshwater emergency.
“The newly elected Labour Government has set out cleaning up our rivers as a priority and the manifesto committed to put failing water companies under special measures. The government has the political and public mandate behind it to push forward with ambitious measures that can hit water companies with the full force of the law, prioritising cleaning up our rivers, securing freshwater and restoring nature. Ofwat and the Environment Agency must be resourced properly to clean up the mess of the last two decades of strategic deregulation and austerity.
“But we also need wholesale reform of Ofwat to ensure that people and the environment are prioritised over investors; and of the Environment Agency to ensure increased water quality monitoring and more meaningful fines of polluters. To date, Ofwat has allowed our water companies to be asset stripped by the financial engineering of their investors to the extent the country’s sewage infrastructure is failing due to woeful under-investment, and the Environment Agency has allowed this to happen with impunity.”
ENDS
For media interviews call Ian at River Action on 07377 547 362 or email media@riveractionuk.com
Water quality testing by River Action citizen scientists has revealed alarmingly high levels of E.coli bacteria from sewage pollution along the River Thames used for next week’s Henley Royal Regatta – with qualifying races today involving approximately 4,000 rowers.
With the General Election next week, River Action want urgent action from politicians on the UK’s water pollution emergency. The campaign group calls on whichever party forms the next government to adopt its five-point plan to save the UK’s rivers, including prosecuting the polluters, and properly resourcing and reforming the environmental regulators which have allowed the desecration of rivers like the Thames for more than a decade.
The regular testing on the Thames – near Fawley Meadows where the effluent from the Henley sewage treatment works enters the river – by the Henley and Marlow River Action group started on the 23rd May and continues until 7th July, the last day of the Regatta. Using a Fluidion World Health Organization verified E.Coli analyser, and results analysed by Earthwatch, the tests revealed levels of E.coli up to 25,000 CFU (colony forming units) per 100ml. This is more than 27 times higher than what the Environment Agency grades designated bathing waters as poor, the bottom of four categories. When bathing water is graded ‘poor’ the Government’s advice is against bathing. The testing locations suggest that the source of pollution is from Thames Water discharging treated effluent containing bacteria, and untreated sewage directly into the river and its tributaries.
Safety guidelines issued by Henley Royal Regatta
As part of its ongoing commitment to ensure the safety and well-being of participants of the Henley Royal Regatta, the event organisers have included the latest ‘Guidance on rowing when water quality is poor’ to all rowers entering the competition. The guidance was written by British Rowing, River Action and The Rivers Trusts, with the aim of minimising the risk of illness due to proximity to polluted water.
Included are helpful tips on the importance of covering cuts, grazes, and blisters with waterproof dressings, taking care not to swallow river water that splashes close to the mouth, wearing suitable footwear when launching or recovering a boat, and cleaning all equipment thoroughly.
CEO of River Action James Wallace said, “It is shocking that we have had to issue health advice to the competitors of the Henley Royal Regatta. Thank goodness the organisers are showing a duty of care to the rowers by issuing guidance that will help to keep competitors safe. Clearly, rower and river user health is a priority. We applaud them for their actions and hope everyone competing in the Regatta stays healthy. As we saw at the recent university Boat Race in London on the River Thames, there is a risk that rowers can become unwell from waterborne pathogens which not only affects their race but puts their health and sport at risk.”
Mr Wallace blamed the river pollution on Thames Water. “The river pollution is most likely the fault of Thames Water. On behalf of rowers and Thames communities, we demand that they stop this deluge of raw sewage, which threatens river users with serious sickness and the river’s biodiversity. This is a health emergency. The new government must get a grip of the water pollution crisis and ensure that water companies, including Thames Water, invest urgently in upgrading wastewater treatment plants and fix their leaky infrastructure before someone becomes seriously ill, or worse.
“Rivers should come with a health warning. Citizens are doing the job of regulators and industry because there is insufficient testing – even at international sporting venues – and no duty of care shown by the Environment Agency or the Department of Health and Social Care. During this election week we urge the public to vote for clean rivers.”
Responding to the results of water quality testing on the River Thames at Henley, Sir Steve Redgrave, the most successful male rower in Olympic history and Chair of the Committee of Management for Henley Royal Regatta said, “Today’s findings provide a stark reminder of the impact that sewage pollution is having on our rivers. Henley Royal Regatta supports the research undertaken by River Action, which highlights the essential work that needs to be done to improve the cleanliness of our waterways for all to enjoy. Our rowers train daily all around the country. Our waterways are vitally important to our competitors racing, but also to all those athletes training on a daily basis nationwide. Our top priority has been, and always will be, the safeguarding of our competitors. This year, as part of the documentation provided to all entrants competing in the Regatta, everyone is being given the latest guidance from British Rowing on how to protect themselves.”
Citizen Scientist Dave Wallace from Henley and Marlow River Action Group who conducted the testing said, “The river in Henley is internationally famous and has one of the highest levels of recreational and sporting uses of any stretches on the Thames. It is so badly polluted by dangerous levels of E.coli and other pathogens primarily from sewage, as shown by our testing which can be harmful to people’s health. We need action now to clean up the river. We cannot wait!”
Naturalist and television presenter Steve Backshall said, “The continual release of pollutants into the Thames is causing havoc for wildlife and people alike. Events like Henley that have been running for 185 years are at risk, all because of inaction from failing water companies. The British public deserve better. In an election month it’s worth knowing only the Greens and Lib Dem’s are really running with fixing this public disgrace as a part of their manifestos.”
Clean rivers campaigner Feargal Sharkey said, “The Government has allowed Thames Water to accrue £15 billion in debt rather than invest in maintaining and upgrading their sewage infrastructure. This failing corporation and frequent polluter needs to be put into special administration and refinanced without a public bail out, with the new government assuring its 15 million customers they will not pay the price of decades of deregulation and profiteering.”
This General Election River Action asks all candidates to save our rivers through 5 asks:
1. SEWAGE – Significant reform of OFWAT’s failed regulation of the water industry with increased testing, fines, and investment.
2. AGRICULTURE – Clamping down on pollution through strengthened regulation of intensive livestock and dairy farming and increasing support for sustainable farming practices.
3. PUBLIC HEALTH – Ensuring the Environment Agency properly monitors our rivers and publishes transparent data and guidance about when it is safe to use rivers.
4. WATER SCARCITY – Building more reservoirs and fixing leaks so we do not run out of water.
5. ENFORCEMENT – Properly funding environmental protection agencies instructing them to take firmer action against polluters including by increasing sanctions.
“As voters make up their minds on who should lead the country, we encourage everyone to consider supporting a party that takes on the water polluters and demands reform of our environmental regulators and restructuring failing water companies. Everyone should be able to enjoy our rivers and seas without risking their health,” said the CEO of River Action James Wallace.
Hustings tonight at the Henley River and Rowing Museum
Tonight at 1800, at the Henley River and Rowing Museum, a General Election hustings takes place where candidates from the constituency of Henley and Thame will provide voters with the opportunity to understand how they would address water pollution on the River Thames and how their parties will solve the crisis nationally. Attending:
Caroline Newton, Conservative (confirmed)
Jo Robb, Greens (confirmed)
Nanda Manley-Browne, Labour (confirmed)
Freddie van Mierlo, Liberal Democrats (confirmed)
The hustings are preceded by short talks on water pollution and solutions with River Action, British Rowing, Earthwatch and citizen scientists.
ENDS
For media interviews call Ian at River Action on 07377 547 362 or email media@riveractionuk.com
NOTES TO EDITORS
River Action
In the interests of transparency and to encourage openness about data collated on the UK’s rivers, River Action has published the findings of its water quality testing at Fawley Meadows, Henley-on-Thames. The results, verified by Earthwatch, can be found on their website here and on another site by the River Thames Water Quality Testing Group here. For ease of use, you can also download the Earthwatch report website here.
On 23rd May 2024, the Henley and Marlow River Action Group commenced regular water quality testing on the Thames used for the Henley Royal Regatta. Testing continues until 7th July, the last day of the Regatta. Test results between 23rd May and 25th June indicate a mean, from 27 tests, of 1,213 E.coli colony forming units (CFU) per 100ml of water. This excludes our highest recorded spike (19th June) so far which reached 25,000 CFU, more than 27 times the acceptable limit. This reading was verified as a “good” reading by Fluidion, but we have chosen to remove it. The second highest reading reached 8,001 on 16th June. Of the measurements taken in Fawley Meadows, 47% were above 900 cfu/100 mL; meaning that they do not meet the threshold for sufficient water quality based on DEFRA’s Inland bathing water standards. To meet bathing water quality standards, this level should be below 900 CFU per 100ml to meet the lowest water quality deemed safe for swimming. By comparison, the Environment Agency conducts between 3 and 20 water quality tests at official bathing water sites between May and September to decide the status. According to the Environment Agency, an inland water registering 900 CFU or greater is unsafe to swim.
There will always be slight variations in the readings depending on the water quality testing lab or kit used. In our case we have used a Fluidion World Health Organization verified E.coli analyser with the results verified by Earthwatch. This coliform incubator – the Alert One – is used by the Olympic team in France to check water quality on the River Seine. It is regarded as highly accurate and reliable and is being used increasingly across Europe and the UK.
We have conducted our testing over the last month very near the Henley sewage treatment works whose final effluent – and untreated discharges – pass Fawley Court and enter the Thames at Fawley Meadow on the Henley Mile used for the Regatta. Thames Water test upstream of the Henley Mile at Marsh Lock and downstream at Hambledon Lock. They told us they test at those sites because they are easier to reach. We have asked them to test at the Fawley Meadows location, too.
Recordings are bound to be much higher near the sewage treatment works than 2km upstream or 5km downstream when the sewage discharge and final effluent are more dilute. We believe this is why their readings are so vastly different to ours and why, on one occasion, we recorded a reading of 8,000 and another of 25,0000 colony forming units (CFUs) per 100ml, which is more than 27 times higher than what the Environment Agency grades designated bathing waters as poor, the bottom of four categories. When bathing water is graded ‘poor’ at 900 CFUs, the Government’s advice is against bathing. The testing locations suggest that the source of pollution is from Thames Water discharging final effluent which is not treated for bacteria and untreated sewage directly into the river and its tributaries. There is very little intensive agriculture anywhere near Henley so the likelihood of farming elevating E.coli levels is low.
There is no legal requirement to remove bacteria from treated final effluent. This is known as tertiary treatment. We have asked Thames Water to invest in tertiary treatment at Henley STW and upstream at Wargrave or anywhere else that could be endangering the water quality of Henley-on-Thames.
The E.coli bacterium is found in faeces and can survive in the environment. It can cause a range of infections including urinary tract infection, cystitis (infection of the bladder), and intestinal infection, stomach cramps, bloody diarrhoea, and vomiting. In the worst of cases, some strains of E.coli can lead to life-threatening sepsis (blood poisoning) requiring urgent medical attention.
River Action conducts citizen science on waterways to determine whether there are pathogens present harmful to the health of humans and wildlife. We are on a mission to rescue Britain’s rivers by raising awareness of the crisis facing our rivers, and the failure of Government funded environmental agencies to make water companies invest in their polluting infrastructure and to prosecute illegal business practices that cause river pollution.
Henley Royal Regatta
Henley Royal Regatta, founded in 1839, is the best-known rowing regatta in the world, renowned for its match-racing. It is one of the highlights of the summer sporting and social calendar in the UK, as well as the rowing calendar internationally. Nearly 400 races are staged at the Regatta, featuring Olympians and emerging stars from around the world.
For enquiries on any of the above, please email press@hrr.co.uk
River users alarmed at water pollution caused by Thames Water sewage spills will tonight at 17:30 stage a paddle-out protest on the River Thames near to the water company’s HQ, in an action coordinated by River Action and Surfers Against Sewage.
It follows localised water quality testing by citizen scientists in the area revealing E.coli to be present in the water. The testing took place between 9th June and 19th June and found an average of 741 E.coli colony forming units (CFUs) per 100ml. This is considered just below poor water quality by the Environment Agency (which is at 900CFUs) for bathing water quality standards, indicating that sewage is present in the river near to the headquarters of Thames Water and could cause sickness.
Chloe Peck from River Action, the group that supervised the water quality testing, said, “It is ironic that the testing we’ve done on the water near to Thames Water’s HQ indicates the river there is just about safe to swim in because wherever else they operate and we have taken water samples their sewage pollution presents a major health risk.
“Earlier this year we found extraordinarily high levels of E.coli on the Thames used for the university boat race – 9,500CFUs – and in that case rowers did get very sick. Our message to Thames Water is a simple one: take responsibility for polluting the nation’s capital river, clean up your act and invest to fix your leaky infrastructure. Meanwhile, in this General Election we urge voters to hold politicians accountable and prioritise candidates that want clean rivers. Nothing short of a total overhaul of the water regulators and refinancing of Thames Water – putting people and nature before profit – will do.”
Giles Bristow, chief executive of Surfers Against Sewage, whose End Sewage Pollution campaign is touring the nation in the run up to the General Election and helped to organise the paddle-out protest said, “Thames Water’s greedy, grasping hands are stained with the utter filth they have been spewing into this iconic river. Our waterways should be havens for wildlife and wild swimmers but these precious public spaces have been hijacked by an industry single-minded in its pursuit of profit. From the riverbanks to the beachfront, we’re hearing loud and clear that a furious British public is ready to reclaim our waterways from the polluters.
“Communities across the UK helped lift the lid on the sewage scandal and they are now demanding to know how their prospective parliamentary candidates plan to end sewage pollution. Working alongside our friends at River Action, we’re delighted to give those in Reading a platform to do just that.
“A week in to our UK election road trip, we have been blown away by the passion and pride people have for their local waterways. One thing is clear: no matter who wins the election, the public demands an end to the sewage scandal and a thriving future for our rivers and seas.”
Hustings tonight
Tonight at 1830, River Action and Surfers Against Sewage co-host a General Election hustings where candidates from the constituencies of Reading West & Mid-Berkshire and Reading Central will provide voters with the opportunity to understand how they would address water pollution on the River Thames and how their parties will solve the crisis nationally. Attending:
Carolyne Culver, Green (confirmed)
Henry Wright or Helen Belcher, Liberal Democrats (confirmed)
Tony Page, former Mayor of Reading (confirmed)
Olivia Bailey, Labour (not yet confirmed but likely)
Raj Singh, Conservative (not yet confirmed but likely)
ENDS
For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com
Media can attend both the paddle-out protest and the hustings. For the paddle-out at 17:30 the meeting point is Hill Meadows Car Park, RG4 8DH. The hustings take place at the same location.
A judge has ruled that farming practices will have to change so that farmers obey the Farming Rules for Water in response to a legal challenge by River Action over the Environment Agency’s alleged failure to enforce regulations to protect the River Wye form pollution.
In a judgment handed down today, a judge found that the Environment Agency (EA) had responded to River Action’s campaign for change and improved its enforcement of the Farming Rules for Water.
River Action says its legal action to make the Environment Agency face up to its responsibility to enforce regulations to save the River Wye from the effects of agricultural pollution was entirely justified and the EA would not have improved its approach to enforcement to convince the court that it was now complying with its responsibilities if it had not brought the legal action.
The judge was at pains to point out the important role the case has had in clarifying the legal obligations on farmers and the EA’s duties in enforcing them, finding:
“It is undoubtedly unfortunate, and has not assisted the defendant’s enforcement activities, that there has been a conflict in the interpretation of the 2018 Regulations between the defendant [The EA] and the interested party [DEFRA] . However, a significant by-product of these proceedings is, firstly, that that difference of opinion has been bought into the public domain for determination, and, secondly, that the defendant’s internal documentation (including for instance the FAQ’s) have been revisited, revised and refined to ensure that they have at their foundation the defendant’s interpretation of the 2018 Regulations.
“No doubt the clarification of the correct interpretation of the 2018 Regulations comprised within this judgment will provide further assistance in future.”
The High Court examined the EA’s enforcement of regulations that govern 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.
It was argued that the Wye is heavily polluted because excessive amounts of animal and in particular chicken manure are regularly spread across land within the river catchment, leading to a substantial increase in levels of phosphorus in the soil. This then runs off and leaches into the river, causing widespread algal blooms along the length of the river system, turning the water an opaque green.
Algal blooms block sunlight, remove oxygen and cause widespread algal deposits across the riverbed, with severe consequences for the vegetation and wildlife 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 have now been lost, smothered by algal blooms and last year Natural England downgraded the Wye’s environmental status to Unfavourable, declining.
River Action says this could have been seriously mitigated had the EA enforced existing environmental regulations. River Action had argued:
The Environment Agency has adopted an approach to enforcing the Farming Rules for Water (FRfW) that ultimately frustrates the purpose of the legislation it is supposed to enforce
By slavishly following guidance issued by the Environment Secretary the Environment Agency has put itself in a situation where it is acting unlawfully
The Environment Agency has breached regulation 9(3) of The Conservation of Habitats and Species Regulations 2017 in that its policy on enforcement of the FRfW unlawfully fails to follow the requirements of the Habitats Directive
The judge dismissed the claim for judicial review on all three grounds, but he found that with the changes made to the EA’s enforcement practices during the course of the proceedings, the EA’s documents were compliant with the law. These changes were only made as a result of River Action’s legal claim.
Importantly, the National Farmers’ Union (NFU) put forward detailed evidence suggesting that it would not be viable to farm in a way that complied with River Action’s interpretation of the FRfW. Under very tight time constraints, and working with a range of farmers who practice sustainable and regenerative farming methods, River Action put forward compelling evidence that farmers could farm in a way that complies with the law.
The judge found that the farming practices described in the NFU’s evidence will need to change if they are to comply with the FRfW, saying:
“The claimant’s evidence demonstrates that there is practical experience of agricultural practices being capable of complying with the claimant and defendant’s interpretation of the regulations. The evidence provided by the intervener [the NFU] demonstrates that current agricultural working practices would have to change if the claimant’s and the defendant’s interpretation of the Regulations is to be complied with, and that changes to the way in which farms operate together with associated costs would arise from the operation of that interpretation. Whilst no doubt unwelcome to the intervener and its members, I am unable to accept that the evidence demonstrates the kind of impracticality or absurdity which justifies the rejection of the claimant’s and defendant’s case on this point. For the reasons I have set out above, is the appropriate interpretation of regulation 4 and its effect.”
River Action’s chairman and founder Charles Watson said:
“We clearly have a number of reasons to be pleased with today’s judgement: River Action was deemed to have done the right thing in bringing this case to court; River Action’s interpretation of the law was considered by the judge to be correct with the NFUs intervention being squarely dismissed; the judge has said farming practices must change; and, most significantly, the environmental damage perpetrated by intensive farming practices has been acknowledged and that thanks to River Action bringing its claim, the Environment Agency has changed its approach to enforcing the Farming Rules for Water. While the judge states the latter point is grounds to reject River Action’s belief that the EA continues to act unlawfully, we remain concerned that there is widespread evidence that agricultural regulations are still being broken across the Wye Catchment and that the EA is still not being held accountable for its failure to enforce the law. River Action is simply not prepared to sit back and continue to watch these injustices to our rivers continue. Accordingly, we are taking immediate advice with regards to appealing the judgment.”
River Action is represented by Leigh Dayenvironment teamsolicitorRicardo Gama, who added:
“River Action feel vindicated in having brought their claim for judicial review. They believe that the dire state of the River Wye is in part because of a failure properly to enforce the rules that were put in place specifically to deal with agricultural pollution, the main cause of the decline in the health of the river. The judge has found that the Environment Agency’s enforcement policies are now lawful, but he has also noted that significant improvements were made to the policies to address the issues which River Action’s case has brought to light.
“The judge was also unpersuaded by evidence put forward by the NFU that it would not be viable to farm in a legally compliant way if River Action’s interpretation of the law was right. The judge has said that River Action was right in their interpretation of the law and he welcomed the extensive evidence which River Action put forward of farmers who do the right thing and farm in a way that respects the rules.
“River Action hope that the important clarification to the law contained in this judgement will help regulators, farmers and communities understand their legal duties. However, they are concerned with aspects of the judgement and are considering an appeal.”
ENDS
For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com
Sewage pollution filmed in the Thames at Putney (03/05/24).
British Rowing and River Action warn that vile amounts of human sewage has been discharged by Thames Water along the Putney Embankment, home to over ten rowing clubs on the River Thames.
This follows news that the organisers of the Boulter’s to Bray Swim in Maidenhead have cancelled this year’s community event over concerns about the water cleanliness. And days after water-based sports across the UK united to call on the government to act to address pollution in rivers, lakes and coastal waters.
Thames RC captain Huw Jones said: “The frequency and severity of sewage discharges into the tidal Thames is increasing. On Thursday this week the visible signs of raw sewage on Putney Embankment led the club to cancel rowing sessions to safeguard athlete health. This situation is unacceptable, and we call on Thames Water to take immediate action.”
CEO of British Rowing Alastair Marks said, “We are gravely concerned about the state of the Thames and the effect this pollution is having on our rowers and their safety. Over the last few days, we’ve had reports of sessions cancelled due to concerns over water quality and countless photographs of the obvious pollution. We urge our community to take care of their health first and foremost and to continue following our guidance for rowing when the water quality is poor.”
CEO of River Action James Wallace said, “The shocking reality is that it is simply not safe to swim in rivers like the Thames due to the huge levels of recent raw sewage discharges. Regular E.coli testing which River Action, and other citizen scientists, has carried in recent weeks show the pathogen levels at a multiple of what would be considered safe for bathing.
“We have also been approached now by dozens of river users who have become seriously ill after coming into contact with the river. It is also scandalous that there has been no public health advice on this issue from any government body – and it’s up to charitable organisations like River Action to test the river and keep the public safe.
“Where is the Environment Agency and the Department for Health? Why aren’t they holding the polluters to account and protecting people’s health? Frankly, the Thames should come with a health warning.”
Guidance on rowing when water quality is poor
Rowers spend a huge amount of their daily lives either on or by the water. British Rowing, River Action and The Rivers Trust have developed a set of guidelines for rowing on poor quality water. ‘Guidance on rowing when water quality is poor’ has been written to minimise the risk of contracting illness due to proximity to polluted water.
Included are helpful tips on the importance of covering cuts, grazes, and blisters with waterproof dressings, taking care not to swallow river water that splashes close to the mouth, wearing suitable footwear when launching or recovering a boat, and cleaning all equipment thoroughly.
ENDS
For interviews call Ian at River Action on 07377 547 362 and Lily Fraser at British Rowing on 07540 722442
The ever increasing intensification of dairy production driven largely by aggressive supermarket pricing pressures, failure to enforce environmental regulations, and inadequate government environmental incentives for dairy farmers are among the factors that have conspired to create one of the largest causes of UK river pollution, according tonew data revealed by River Action.
The charity now calls on the dairy processing industry, major food retailers, government, and environmental regulators to provide more incentives, support, and deterrence to mitigate what has become one of the largest single causes of river pollution in the UK.
Freedom of Information (FOI) requests made by River Action to the Environment Agency, Natural Resources Wales, DAERA and SEPA disclosed multiple data sources indicating that most UK dairy farms are likely to be non-compliant with critical environment regulations aimed at preventing river pollution. The FOI’s reveal:
In England 69% of the 2,475 dairy farms inspected between 2020 & 2021 by the Environment Agency (EA) were in breach of environmental regulations.
In Wales 80% of the 83 dairy farms inspected by Natural Resources Wales (NRW) between 2020 and 2022 were non-compliant with anti-pollution regulations.
In Northern Ireland 50% of the 339 dairy farms inspected by the Department of Agriculture, Environment and Rural Affairs (DAERA) between 2020 – 2022 were not compliant.
In Scotland: 60% of the 114 dairy farms initially inspected by Scottish Environmental Protection Agency (SEPA) between 2020 and 2023 were in breach of regulations – with over half of the 56 dairy farms subject to follow-on inspections still being non-compliant.
These findings are corroborated by several other data sources, including a recent statement by the Chair of the Environment Agency in February 2024, which showed that the dairy farms accounted for over 75% of all serious pollution incidents caused by agriculture, with agriculture being the largest single source of river pollution.
A perfect storm for wide-scale pollution of the UK’s rivers
According to River Action, conditions have aligned to create the worst possible conditions for the nation’s dairy farmers to be compliant with regulations designed to prevent pollution whilst remaining economically viable. These are:
1. Recent intensification of the UK dairy industry resulting in a much higher pollution load per hectare
2. Failure of Government to adequately incentivise better environmental performance
3. Failure by Environmental Regulators to enforce laws designed to prevent river pollution,
4. Inadequate environmental assurance standards in use by food retailing industry to certify dairy produce
5. Unprecedented weather conditions causing underinvested slurry management infrastructure to be overwhelmed
River Action calls for the immediate implementation of critical remedial actions, including:
The UK’s largest dairy processors to introduce wider pricing incentives to reward dairy farmers for improved environmental performance
Supermarkets groups to adopt better environmental certification schemes given the clear failure of Red Tractor to be a reliable certification of environmental performance for dairy producers
Government to deliver on its promises to ensure the post-Brexit Environment Land Management Scheme (ELMS) farming subsidies become a major incentive for creating a systemic improvement of farming environmental performance
DEFRA & its equivalent bodies in the devolved nations to a) expand & extend substantially existing grant schemes to improve slurry management infrastructure and b) encourage adoption of technological solutions to re-cycle slurry to substitute chemical fertiliser usage
Environmental regulators to start a) fully enforcing existing anti-pollution regulations to ensure greater deterrence against the current widespread non-compliance across the industry and b) extend regulations to cover other pollution sources such as fodder maize production
Commenting, Charles Watson, Chairman and Founder of River Action said:
“The unacceptable pollution levels caused by the UK dairy industry is not dissimilar to the current UK sewage pollution crisis: aged infrastructure designed for much lower volumes of effluent, being overwhelmed by the combination of intensification of use and more volatile weather conditions.”
“With a herd of 50 cows calculated to be capable of emitting the equivalent amount of pollution as a human settlement of 10,000 people, it is hardly surprising that the dairy industry is placing an unstainable pollution burden on many river catchments across the country. Meanwhile, yet another chapter in the British river pollution scandal unfolds, our impotent regulators continue to watch on in a solely “advisory” capacity, and the giant supermarket groups happily count their profits at the cost of the continuous degradation of the environment.”
ENDS
For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com
Europe’s largest water utility Capital Water, threatened with imminent financial collapse and a taxpayer bailout, has revealed a startling find of rare Roman coins worth more than £200 million. Campaigners have urged the sewage and water behemoth to use the treasure to pay a whopping debt about to be called in by creditors, but our nation’s biggest polluter has different plans.
The hoard of hundreds of Roman gold coins dating from 293AD depicting the Emperor Allectus were discovered during the construction of a long-delayed upgrade to a sewage treatment plant. For weeks, broken pipes spewed raw sewage down renowned ‘Smelly Ally’ in the town and local river. Only after loud calls to clean up the mess from angered community activists did Capital Water fix the problem, and strike gold.
James Wallace, CEO of River Action and former archaeologist said, “The last Allectus coin sold for over £500,000 so Capital Water will be literally minted by this discovery. Allectus, the infamous ‘Brexit Emperor’ tried to take Britannia out of the Roman empire only to perish in battle three years later. Let’s hope Capital Water’s leadership team avoids a similar fate, by serving the customers they have rinsed for decades and restoring the rivers they have trashed. Based on past track record, the question on everyone’s lips is “will they pay off their debts or run for their Cayman Islands tax haven?”
CEO of Capital Water Sir Richard Head who was appointed in January 2024 – the company’s third CEO in as many years and reputed acolyte of Neptune the water god, said, “Apart from inventing hygienic sewage and water systems, what did the Romans ever do for us? Now my daily sacrifice of bill payers on the altar of financial engineering has finally paid off. As I’ve reported to our high priests – international shareholders – it just goes to show that pollution profits. Our balance sheet is leakier than our creaking infrastructure, so the unexpected windfall is a total bonus, for me personally.”
Hoard of gold coins were discovered during the construction of a sewage treatment plant.
It is believed Capital Water are tossing up between donating part of the coin hoard to the British Museum or building a ‘shiny new HQ with gold taps’ (subject to planning ‘favours’). A Government source suggested they give some of the wedge to the much beleaguered Department for Underperforming Miss-managed Public Services (DUMPS)
because HM Treasury can’t afford to give billionaire tax breaks and be expected to regulate polluters.
Chalkstream Herald gave river campaigner Feargal Sharkey the final words, “Capital Water is one flush away from disappearing down its own dirty drain. Sir Dick is off his rocker thinking he can do a runner with our national treasure. But aided and abetted by the Department for DUMPS, he’ll probably dodge the floaters.”
Water quality testing by River Action has found alarmingly high levels of dangerous E.coli bacteria from sewage pollution along the stretch of the River Thames that will be used for the weekend’s historic Gemini Boat Race between the Universities of Oxford and Cambridge.
The regular testing on the Thames by River Action with the Fulham Reach Boat Club took place between 28th February and 26th March 2024. Using a Fluidion World Health Organization verified E.Coli analyser, the tests revealed levels of E.coli up to 10 times higher than what the Environment Agency considers acceptable for designated bathing waters graded poor, the bottom of four categories. When bathing water is graded ‘poor’ the Government’s advice is against bathing. The testing locations suggest that the source of pollution is from Thames Water discharging sewage directly into the river and its tributaries.
Rowers spend a huge amount of their daily lives either on or by the water. British Rowing, River Action and The Rivers Trust have developed a set of guidelines for rowing on poor quality water. ‘Guidance on rowing when water quality is poor’ has been written to minimise the risk of contracting illness due to proximity to polluted water.
Included are helpful tips on the importance of covering cuts, grazes, and blisters with waterproof dressings, taking care not to swallow river water that splashes close to the mouth, wearing suitable footwear when launching or recovering a boat, and cleaning all equipment thoroughly.
The new guidance has been issued to rowing clubs across the country. The upcoming Boat Race has included the guidance in their briefing packs to both universities and issued further advice to ensure the athletes are as safe as possible when competing in the iconic race this coming weekend.
CEO of River Action James Wallace said, “We are in a tragic situation when elite athletes are issued with health guidance ahead of a historic race on the capital’s river. Our water quality results show what happens after decades of neglect by an unregulated water company, Thames Water. However, thanks to the vigilance of competition organisers, supported by British Rowing, River Action and The Rivers Trust, we are pleased they are showing their duty of care to the competing teams this weekend, and working with us to address the source of the problem: ending river pollution.
“For the safety of river users everywhere, rowers, communities and conservationists are uniting to ask the Government to enforce the law and to prosecute polluters. River Action wants water companies to honour their commitments to the regulators and bill payers by investing in their infrastructure and stop dumping sewage. Everyone should be able to enjoy our rivers and seas without risking their health.”
Imogen Grant, triple Boat Race winner with Cambridge, double World and European champion rower said, “As a rower, the water I row on is my field of play, and the results of the E.coli testing show that rowers are putting their health at risk to do the sport they love. Thousands of people rely on our rivers for work and recreation, and they are being choked with sewage and pollution. More needs to be done to improve our water quality across the country, and testing like this gives us a picture of just how far we have to go.”
Responding to the results of water quality testing on the River Thames, CEO of Fulham Reach Boat Club Adam Freeman-Pask said, “High levels of E.coli match the trend of organic pollution found through our citizen science water quality testing. This data must serve as a wake-up call for policymakers, regulators, and water companies. The river is a lifeline for Londoners’ health and wellbeing, which we need to protect. We welcome the new guidance to help us enjoy the river safely.”
CEO of British Rowing Alastair Marks said, “As rowers, we spend the majority of our time on and around the water, so water quality is a particularly key issue to us. Over 30 rowing clubs sit along the Boat Race course, with thousands of rowers taking to the Thames every day. Our recently launched Environmental Sustainability Strategy outlines the steps rowers can take to row safely, so we can keep rowing and keep inspiring a love and care for our waters in our community. We’re impressed at how quickly our clubs and members have got behind our newly issued guidance, and how competitions are using it to keep their competitors safe.”
River champion and naturalist Steve Backshall MBE said, “I am appalled but unsurprised by the high levels of E.coli detected by River Action in the stretch of the Thames where the university rowers will compete.
“Recently we heard from Thames Water how they will not contribute to a £180m industry-wide scheme to fast-track efforts to reduce pollution in England’s waterways. But they do want to increase customer bills and increase dividends to shareholders as well as position to get a massive taxpayer bailout to clear debts including a £190m loan due in April. From where I am standing, Thames Water is one flush from disappearing down its broken sewage pipe.”
ENDS
For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com
NOTES TO EDITORS Between February 28th and March 26th, River Action conducted extensive testing (16 tests in total) on the River Thames near Fulham Reach Boat Club around Hammersmith Bridge. Tests results indicate an average of 2,863 E.coli colony forming units (CFU) per 100ml of water. To meet bathing water quality standards, this level should be below 1,000 CFU per 100ml. Our highest recorded spike reached 9,801 CFU, nearly ten times the acceptable limit. By comparison, the Environment Agency conducts between 3 and 20 water quality tests of bathing water sites between May and September to decide the status. According to the Environment Agency, an inland water registering 1,000 CFU or greater is unsafe to swim.
According to publicly available data, by 26th March Thames Water had discharged sewage into the Greater London area of the River Thames for 1,914 hours since the start of 2024, equivalent to 79 days. The data comes from 40 storm overflow sites between Kingston and the mouth of the river in the east.
Environment Agency statistics for 2022 showed sewage was spilled 300,953 times in England for a total of 1.7 million hours, equivalent to 824 spills a day. New data is expected to be released this week (expected on Thursday) by the EA which will likely show an increase for 2023.
The E.coli bacterium is found in faeces and can survive in the environment. It can cause a range of infections including urinary tract infection, cystitis (infection of the bladder), and intestinal infection, stomach cramps, bloody diarrhoea, and vomiting. In the worst of cases, some strains of E.coli can lead to life-threatening sepsis (blood poisoning) requiring urgent medical attention.
River Action conducts citizen science on waterways to determine whether there are pathogens present harmful to the health of humans and wildlife. We are on a mission to rescue Britain’s rivers by raising awareness of the crisis facing our rivers, and the failure of Government funded environmental agencies to make water companies invest in their polluting infrastructure and to prosecute illegal business practices that cause river pollution.