WWF-UK and angling organisations reach high court settlement over their accusation that Defra is failing to protect England’s waterways from agricultural pollution

This article is more than 4 years old

This article is more than 4 years old

Conservationists and angling organisations have settled their high court dispute with the government over their accusation that it is failing to take effective action to protect England’s waterways from agricultural pollution.



WWF-UK, the Angling Trust and Fish Legal claimed a “legal victory” after receiving courtroom reassurances that mandatory water protection zones (WPZs) are being actively considered alongside voluntary steps by farmers to reduce pollution in rivers and wetlands.

They had accused the Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency of unlawfully keeping WPZs, which can include criminal sanctions for breaches “on the back burner as a last resort”.

The accusations were denied and lawyers for environment secretary Liz Truss said WPZs were already under consideration.

But David Wolfe QC, appearing for WWF-UK and the anglers, said “the brakes were on WPZs”.

The government had admitted it would not meet a 22 December 2015 deadline to reach “favourable conservation status” under the EU water framework directive, he said.

Mr Wolfe told Mr Justice Collins, sitting in London, that WPZs – a key tool for meeting the deadline – had “been deliberately left in the tool box”.

Robert Palmer, appearing for the environment secretary, said it was not true that WPZs were subject to “a last resort doctrine”.

Mr Palmer said work was being done that could lead to WPZs, including the evidence-gathering and monitoring needed before WPZs could be proposed.

The judge urged both sides to settle the legal action. It was withdrawn after a two-page “position statement” was agreed by both sides beginning with the words: “It is not true that the secretary of state and Environment Agency does not intend to apply WPZs.”

The statement also made it clear they were not being regarded as a last resort.

During the hearing the judge heard that voluntary “catchment sensitive farming” was one method already being tried to reduce the level of pollution entering waterways.

The judge observed statistics showed the percentage reduction of phosphorus pollution so far was “pretty pathetic”.

Welcoming the settlement, the judge commented: “It is obviously of the greatest importance that proper measures are taken as soon as possible to meet the obligations of the directive.

“We all know our wildlife is suffering as a result of pollution and not only just wildlife, people as well.”

WWF-UK and the angling organisations said in a statement: “As a result of the legal victory today, the government must evaluate the use of mandatory water protection zones alongside voluntary steps by farmers, which have so far failed to protect these vulnerable places from farm pollution.”

Some 44 areas across the country, including Poole Harbour in Dorset and the River Mease in the Midlands, have been identified as currently suffering from significant agricultural pollution.

Critics say poor land management is causing soils carrying nutrients and pesticides to wash into the waterways.

David Nussbaum, chief executive of WWF-UK, said the legal action “takes the ministerial handcuffs off of the Environment Agency which can now better protect our most precious rivers and wetlands.

“The government must now act with haste and put necessary measures in place to tackle pollution from farms that is devastating these specially protected sites.”

Mark Lloyd, chief executive of the Angling Trust and Fish Legal, said: “This is a win for cherished species like the kingfisher, salmon and trout which are seriously threatened by this pollution.

“This is a clear message to government that they must stop dragging their feet and they must now take the necessary steps to improve the health of these precious rivers and wetlands.”

A Defra spokesman said: “We are pleased to have reached agreement in this case and we will continue to consider how we use water protection zones as one of the ways to protect our most treasured conservation areas.

“Rivers in England are the healthiest they have been for 20 years and we are committed to working closely with the farming community and environmental groups to further improve water quality.

“Over the next five years, we are investing more than ever to promote environmentally-friendly farming practices to protect our rivers and lakes and support wildlife.”