An oysterman has been given permission to start legal action against the Government’s plan which allows water companies to continue dumping sewage into rivers.
The legal action, being brought by Richard Haward’s Oysters, the Marine Conservation Society, and Hugo Tagholm, a surfer and activist, is being supported by the Good Law Project.
The hearing at the High Court will challenge the Secretary of State for Environment, Food and Rural Affairs, Thérèse Coffey, over her department’s plan.
The Storm Overflows Discharges Reduction Plan was published in August last year and gives water companies a deadline of 2035 to reduce the amount of sewage flowing into bathing water and areas of ecological importance but until 2050 to stop dumping sewage elsewhere.
The claimants want the Government to improve its plan and bring forward the deadlines for water companies to act and include stronger protections for coastal waters across the country.
Tom Haward’s West Mersea oyster firm Richard Haward’s Oysters has been in his family for eight generations, going back 300 years.
He says he has been “lucky” his oyster beds have not been impacted by sewage dumping so far.
But he is worried about the “immediate threat” these discharges by water companies pose to his business and marine life around Mersea Island, if they are allowed to continue.
Mr Haward said that he will no longer be able to catch oysters from the sea if it is heavily contaminated and will be stopped from harvesting because it is a danger to human health.
He said: “Having clean and safe waterways is something we shouldn’t have to fight for or even ask the courts to consider.
“But, in 2023, we are in that position. I’m happy the High Court has given permission for the case to be heard and I hope it will be another step toward making water companies accountable – truly accountable – for their actions”.
England has around 14,500 storm overflows in operation to stop sewers becoming overwhelmed.
They allow a mixture of surface water and raw sewage to be discharged into rivers and coastal waters – but should only be used occasionally following exceptionally heavy rainfall.
The latest Environment Agency data shows that storm overflows are being used with alarming regularity. In 2021, storm overflows discharged untreated sewage 372,533 times over a period of 2.7 million hours.
Jo Maugham, Director of Good Law Project, said: “This could be the most consequential environmental law case in recent history.
"We contend – and the High Court now agrees the point is arguable – that the English common law contains a principle that the natural environment must be protected, must be held in trust, for future generations.”
Sandy Luk, Chief Executive of Marine Conservation Society, said: “We’re now one step closer to compelling the Government to re-write its Storm Overflows Reduction Plan, so that the ocean and its inhabitants really are protected from untreated sewage dumping.
"Raw sewage will continue polluting our seas until action is taken.
"Being granted permission to proceed with this case is an important milestone in achieving our vision for a cleaner, better protected and healthier ocean.”
A Defra spokesperson said: “We’ve put the strictest targets ever on water companies to clean up our water, plus requirements to deliver the largest infrastructure programme in their history to tackle sewage spills.
“Record fines of more than £102 million were handed out in 2021 following successful prosecutions. We are making it easier for regulators to enforce fines and hold water companies to account.
“We will continue to look at ways to go further and faster and we are determined to hold water companies to account for poor performance.”
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