Court case loss will require Government to clean up rivers nationwide

The Government has today lost its appeal against a ruling that its plans under national legislation, which required restoration of a damaged river in North Yorkshire, were defective and unlawful.

In dismissing the appeal, the Court of Appeal upheld an earlier High Court judgment from December 2023 that the Government and Environment Agency had failed in their legal duties to review, update and put in place specific measures to restore the Costa Beck near Pickering.

A local angling club, Pickering Fishery Association, and Fish Legal successfully challenged the Government plans in the High Court. They argued that the plans were too vague and lacked the legally required measures necessary to restore the Costa Beck by tackling the sources of pollution.

The High Court Judge, Mrs Justice Lieven, characterised the then Secretary of State’s approach to its River Basin Management planning as one of “smoke and mirrors.” The Court of Appeal has now agreed, in a comprehensive judgment, that the plans are unlawfully vague and non-committal.

Once a thriving spring-fed stream that used to support prolific numbers of trout and grayling, the Costa Beck has been severely degraded by pollution from various sources in recent decades. These include sewage discharges from Pickering Wastewater Treatment Works and, according to the Environment Agency’s assessments, its own nearby fish farm.

With only 16% of waterbodies – 14% of rivers – currently achieving ‘good ecological status’, today’s ruling against the Government has significant implications for River Basin Management Plans across the country.

Penelope Gane, Head of Practice at Fish Legal, said:

“It’s a day of mixed emotions. We are obviously delighted for the Pickering Fishery Association. This win is validation for them in their fight to bring back fish to the Costa Beck. But we’re also angry that a small angling club, after two decades of trying to get the authorities to act, has had to go to court to force the Government and its agencies to do their job in regulating polluting industries.”

She added: “This Government came to power promising to clean up rivers, lakes and seas. They could have dropped this appeal, but instead they have dragged out the legal process, wasting time and taxpayer money trying to defend continued inaction to restore not only the Costa Beck, but rivers nationwide.”

Andrew Kelton, Fish Legal Solicitor, said:

“Throughout this whole Costa Beck saga we have seen the Environment Agency flip-flop and frustrate efforts to take the tough regulatory action needed to stop pollution. They need to read this judgment to understand what the law requires of them. To put it bluntly, they need to start prioritising the environment over the interests of polluters.”

He added: “The Upper Costa Beck is just one of 4,929 waterbodies in England, but it is a case study in regulatory inaction and prevarication. This comprehensive win for us in the Court of Appeal sets out a blueprint for restoring damaged rivers across the whole country. It should be a turning point for improving river health nationwide.”