Nearly 4,000 people have joined a legal claim by law firm Leigh Day accusing poultry producers and others of causing pollution within the rivers Wye and Lugg.
The court action, which was filed at the High Court, is against chicken production firms Avara Foods Limited and Freemans of Newent Limited, and in addition, includes sewage company Welsh Water, Dwr Cymru Cyfyngedig. It blames the companies for the alleged pollution of the rivers Wye and Lugg and their tributaries, while Welsh Water is also blamed for the pollution of the river Usk.
Each company has denied the claims and must now file a defence.
The 3,943 claimants, represented by law firm Leigh Day, have alleged that Avara, Freemans and Welsh Water are responsible for river pollution and the impact it has had on businesses, recreation, tourism and property values since August 2019. They have called on the court to award “substantial damages” for that period and asked the court to order the companies to restore the rivers to health.
The claim alleges that pollution has been caused by water run-off from farmland containing high concentrations of phosphorus, nitrogen and bacteria resulting from the spreading of thousands of tonnes of poultry manure and sewage bio solids.
It also alleges that pollution has caused “private nuisance, public nuisance and trespass” (from sewage deposited on the riverbed) as well as negligence, and that the deposit of manure and bio solids on agricultural land is a breach of section 73(6) of the Environmental Protection Act.
Claimants have called for damages for the impact on local properties of odours, insects and noise nuisance at 101 industrial chicken growing farms at least.
Focus should be “on solutions”
A spokesperson for Avara Foods said: “We share concerns about 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. Individual farmers are responsible for how nutrients are used in their arable operations. Avara is not involved in any arable operations and has no control over this activity. All our poultry is produced in Britain 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. We employ 5,000 people in the UK and approximately 1,500 people in the catchment area, and we all want a healthy River Wye.”
Oliver Holland, group claims partner at Leigh Day and lead on the claim, commented: “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.
“Our clients believe they have no other option but to seek accountability through the legal system – and this marks the next step in that journey.”
