Welsh Water faces court action over Wye pollution claim

Martin Shipton

Legal action over pollution in the Wye, Lugg and Usk catchment area has been expanded to include Welsh Water in addition to three commercial defendants related to chicken farming.

Sewage spills by the water company into the three rivers and others in the border area straddling Wales and England make Welsh Water also accountable for pollution that has damaged the river water quality, says law firm Leigh Day.

The solicitors’ practice, which now has a base in Hereford to handle the legal claim against alleged polluters, launched its action in March 2024.

Initially Avara Foods, Cargill Plc and Freemans of Newent were named as the primary defendants, accused of public and private nuisance and breaches of the Environmental Protection Act 1990. The companies deny the allegations.

Industrial-scale chicken production

Leigh Day claims industrial-scale chicken production managed by Avara is responsible for the bulk of river water pollution in the Wye catchment.

It says manure that runs off into the rivers Wye, Lugg and Usk creates phosphorus and nitrate pollution resulting in algal blooms, which block sunlight and deprive the water of oxygen.

However, phosphorus and nitrates that are present in sewage discharges from Welsh Water’s operations are also contributing to the pollution of the rivers, says Leigh Day.

Now, as a result of a July 2024 Supreme Court ruling that a sewage nuisance claim can be brought against a water company, Leigh Day is able to add Welsh Water to the legal action.

Sewage 

A letter before action has been sent to Welsh Water, alleging that sewerage operations from the water company have materially contributed to the pollution of the Wye, Lugg and Usk, resulting in problems with odour, insect swarms, biodiversity loss, and poor water quality.

A letter outlining similar allegations against Avara, with its 50% shareholder Cargill PLC and subsidiary company Freemans of Newent, was sent last year.

Cargill, Avara and Freemans of Newent deny the allegations.

The civil legal action against Welsh Water argues that sewage discharges from the water company, which are high in phosphorus and bacteria due to human faeces, have materially contributed to the pollution of the river.

The effects of this include interfering with residents’ enjoyment of the river in activities such as wild swimming and fishing, as well as negatively impacting businesses which rely on the condition of the river.

Organisations including the Environment Agency (EA) report wastewater treatment works and sewage discharges as other contributors to phosphorus pollution in the Wye.

Wastewater treatment works

Reporting from Welsh Water itself in May 2023 estimated that 23% of phosphorus in the Wye had come from its own wastewater treatment works.

In June 2024, the EA successfully prosecuted Welsh Water for breaking the conditions of an environmental permit at a sewage treatment works near Hereford between August 2020 and June 2021, with the court finding that WW had exceeded permitted levels of wastewater into the River Wye.

Annual Event Duration Monitoring data published by Welsh Water shows that between 2021-2023, the company was responsible for spilling in the River Wye Catchment for over 89,000 hours, an equivalent of over 3,000 days.

Leigh Day partner Oliver Holland, who is leading the claim, said: “It is important that we hold all of the corporations that we allege are the biggest polluters of the Wye, Lugg and Usk to account in the legal action.

“We believe that the evidence points to Welsh Water as a major contributor to the pollution of the Wye, Usk and Lugg. This legal action is not just about a single company or entity – it is about ensuring more widely that enough is being done to stop UK rivers and waterways from deteriorating.

“Last year’s Supreme Court ruling in the case of Manchester Ship Canal v United Utilities has paved the way for Leigh Day to be able to expand the Wye legal claim. At present this will be the biggest nuisance claim for sewage operations against a water company in the UK.”

Significant

The legal claim is supported by campaign group River Action, whose chair Charles Watson added: “With the addition of Welsh Water as a defendant, this legal action is clearly shaping up to be one of the most significant pieces of litigation relating to river pollution yet witnessed in the UK.

“The extensive work carried out by Leigh Day in recent months has now developed a holistic map of what are believed to be the principal sources of the chronic pollution of this iconic British River and there is now nowhere for the bodies we believe are the principal perpetrators of this scandal to hide.”

Leigh Day will hold an event in Hereford Left Bank on the evening of Thursday 20 February 2025, for members of the community to talk to the legal team about the claim against Welsh Water.

People who use the river are supportive of the legal action.

Dave Shaw, 56, and his family moved to the Wye area almost 20 years ago, with the natural history of the area and connection to his profession as a wildlife educator a strong attraction.

Dave recalls fond memories of the river when his daughters were young, exploring the Wye and looking for different kinds of wildlife.

Over recent years, Dave says he has noticed a decline in the river salmon, trout and other wildlife.

He said: “We moved as a family to the Wye area with a young daughter and another on the way. The incredible nature and wildlife surrounding the river was a big reason for our decision to move here. The river allowed us to have some cherished memories with our daughters, pond dipping and looking in and around the water for wildlife. Some years ago, we started to notice a decline. Rocks became coated in a brown sludge, and the river began to smell. We no longer wanted our children in it. The UK should be a model of how to look after the environment, but instead ours is being trashed.”

Pete Redding, 56, has lived in Herefordshire for the past 15 years, having previously worked in the area doing outdoor pursuits. He now spends time coracling and flyfishing in the River Wye.

He says has seen a dramatic change in the river, with the ranunculus plant that used to densely populate the river and provide an important ecosystem for wildlife now almost disappeared.

Pete also has concerns with areas of the river near sewage outflows, which he says look like a washing up bowl has just emptied white foam into the water, with a foul smell coming from it.

He said: “I used to love telling people about all the different ways they can enjoy the River Wye and explore the amazing wildlife it houses. But now, I’m more likely to be warning people about getting in for fear of them getting sick. For so long the river was a big boost for my mental health, giving me a place where I could reset and ground myself. But what used to be a joy has now turned into a source of anger and frustration when I see the state of it.”

Kayaking and canoeing

Thomas Garland, 25, grew up in the Forest of Dean, with the River Wye his nearest river. He spent time in his childhood and teenage years kayaking and canoeing along the river as a Cub Scout, and canoed the entire length of the river in 2018 in aid of pancreatic cancer research.

He recalls seeing salmon and other wildlife swimming beneath his feet when exploring the river when he was younger, but now says he no longer see this. Instead, he says he sees sludge on the banks of the river, and much less wildlife.

Thomas said: “I grew up enjoying the benefits of the river, spending time throughout my childhood and adult years canoeing and kayaking along it. But over the past few years the health of the river has declined, and I no longer feel comfortable going in. My fiancé and I are expecting a baby soon and I would love to take them down to explore the river like I did as a child, but I no longer feel like I could.”

A spokesperson for Welsh Water said it needed time to consider the contents of the letter before action before responding, adding: “We take our responsibility for protecting the environment seriously, and over the next five years will invest £2.5bn to improve the environment.”