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The High Court has received what is reportedly the largest environmental pollution legal claim ever filed in the UK.
Nearly 4,000 individuals have joined the lawsuit against prominent poultry producers and a water company, alleging “extensive and widespread pollution” in the Rivers Wye, Lugg, and Usk.
The plaintiffs contend that the rivers’ deteriorated condition in recent years has significantly impacted local businesses, property values, and recreational enjoyment, and are seeking “substantial damages” as redress.
The defendants in the case—Avara Foods Limited, Freemans of Newent Limited, and Welsh Water—have refuted the allegations.
Celine O’Donovan, representing the law firm Leigh Day, characterized the case as unprecedented in the UK regarding the number of claimants, the geographical scope of the alleged damage, and the total amount of damages sought.
The participants in the group legal action reside or work near the rivers or regularly use them for leisure activities, including swimming and canoeing.
Beyond financial compensation, the plaintiffs are seeking a court order to mandate the cleanup of the affected rivers.
The deterioration of water quality, leading to the suffocation of fish and other aquatic life, is attributed to a combination of chicken manure and sewage spills.
The River Wye, in particular, has come to symbolize broader concerns about the decline of UK waterways in recent years.
The river’s catchment area is home to an estimated 23 million chickens, representing a quarter of the UK’s total poultry production.
The Wye flows for 155 miles from its source in the Cambrian Mountains of mid-Wales, tracing the border with England before reaching the Severn Estuary.
The River Lugg, a significant tributary of the Wye, flows primarily through Herefordshire.
The River Usk traverses the Bannau Brycheiniog National Park, also known as the Brecon Beacons, and the Blaenavon Industrial Landscape World Heritage Site before emptying into the Bristol Channel at Newport.
All three rivers are protected due to their significance as habitats for rare wildlife, including otters, freshwater pearl mussels, and Atlantic salmon.
Wildlife filmmaker Justine Evans, the lead claimant, stated that she had observed a “stark decline” in the condition of the Wye in recent years.
She noted that the once-clear river had become murky and slimy, profoundly altering her perception of living alongside it.
“It’s horrible to think what has happened to the wildlife it is home to,” she added.
Roland Lee, a former Olympic swimmer, relocated to the vicinity of the Wye to facilitate open-water swimming.
“But now I’d actually go as far as to warn people against going in,” he stated, highlighting the deteriorated conditions.
Gino Parisi, another claimant from Raglan, Monmouthshire, expressed concern regarding the state of the River Usk.
“Having grown up around the River Usk in the 1980s, I know just how beautiful the river and surrounding area can be,” he said.
He noted that the water had become “mucky and cloudy,” with “build-ups of foam in a number of spots.”
“Not only would I feel uncomfortable going in, but I’d also have concerns for my health.”
The claimants assert that pollution has resulted from farmland runoff containing high concentrations of phosphorus, nitrogen, and bacteria from poultry manure and sewage bio solids used as fertilizer.
They also cite the direct discharge of sewage into the rivers as a contributing factor.
The defendant companies are accused of negligence, causing private and public nuisance, and trespass in cases where the riverbed has been affected on a claimant’s property.
A portion of the claim is brought on behalf of individuals affected by the Lugg Moratorium, which refers to building restrictions implemented by Herefordshire Council to protect the River Lugg from further pollution.
Oliver Holland from Leigh Day emphasized that the claim represents “the culmination of an extraordinary effort by local community members and campaign groups to research, monitor and advocate for their rivers.”
He added, “This is the largest legal action concerning environmental pollution ever brought in the UK. In a context where government and regulators have failed to prevent the degradation of our rivers the court has become the last avenue for justice.”
Avara Foods Limited is among the largest poultry processors in the UK.
Its subsidiary, Freemans of Newent, based in Hereford, is also named as a defendant in the case.
An Avara Foods spokesperson told the BBC that the company shared concerns over the condition of the River Wye.
“But we believe that this legal claim is based on a misunderstanding, as no manure is stored or spread on poultry-only farms that supply Avara Foods.
“Where poultry manure is used as fertiliser, it is for other produce in other agricultural sectors,” the company said, adding individual farmers were responsible for how nutrients were used in their arable operations.
The company stated it employs approximately 1,500 people in the Wye catchment area and that all its poultry is produced “to standards that are amongst the highest in the world.”
“The focus instead needs to be on solutions that will improve the health of the river, addressing all forms of pollution and the effects of climate change, and for action to be taken accordingly,” it said.
Welsh Water asserted that the company has made “significant investments over recent years,” resulting in “real improvements in water quality.”
These investments include spending £70m over the last five years to improve sites along the River Wye, work that was delivered “ahead of the target set by our regulators”, and £33m for the River Usk.
“Unfortunately, the water pollution caused by other sectors during this period has increased significantly, reducing the overall impact of the water quality improvements we have achieved,” a spokesperson said.
The company intends to “defend this case robustly,” they added.
“The fact that we are a not-for-profit company means that any payments to these claimants would necessarily reduce the amount that we can re-invest in delivering further improvements for the benefit of all of our customers and the environment.”
Environmental campaigners lost a high-profile legal challenge against the UK government over pollution in the river Wye in 2024.
Ministers in Westminster and Cardiff Bay have since set up a joint £1m fund to investigate the sources of pollution in the river.
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