Legality of Defra CSO plan to be challenged in three day hearing

Environmental groups challenging the government’s storm overflows discharge reduction plan have been granted a three-day hearing at the High Court for 4-6 July.

The Marine Conservation Society, Richard Haward’s Oysters and activist Hugo Tagholm, together with Good Law Project are urging the Department of environment, food and rural affairs (Defra) to make its plan more ambitious to protect waterways faster.

The group, which launched the case in February, wants to see discharges from combined sewer overflows (CSOs) curtailed sooner than the 2050 date set out in Defra’s plan published last August.

It expressed concerns that the plan in its current form excludes some coastal waters from protection and omits 600 CSOs. In official court documents the group argues that Defra’s plan includes standards specific to freshwaters that cannot be applied to coastal waters. It queries the application of the plan to CSOs that are not close to designated bathing waters and calls for greater ambition to halt biodiversity decline.

Good Law Project described Defra’s plan as “not just unconscionable, it is also unlawful on a number of grounds” as it called for government to set tougher targets with shorter deadlines for the sector to minimise the use of CSOs.

“We’re doing all we can to help stop this environmental scandal after decades of inaction, as this Government continues to fail to grasp this unacceptable situation,” said Emma Dearnaley, legal director of the law firm.

The challenge has gained support of MPs Caroline Lucas (Green), Dawn Butler (Labour), Richard Foord (Liberal Democrat) and Lloyd Russell-Moyle (Labour).

A Defra group spokesperson said: “We are determined to hold water companies to account for poor performance. We have put the strictest targets ever on water companies to clean up our water and are bringing forward £56 billion in investment to deliver the largest infrastructure programme in their history to tackle sewage spills.

“We are also consulting on plans to reform the civil penalties the Environment Agency can issue, including raising the cap and making them easier and quicker to enforce.”

At the start of this year, Wild Justice mounted a legal challenge relating to Ofwat’s obligations around discharges from CSOs that was thrown out of the Court of Appeal.

Mounting public anger surrounding the use of CSOs was highlighted in research by Surfers Against Sewage on Thursday (4 May). It showed 85% of those polled support a ban on bonuses for chief executives who fail to adhere to minimum environmental standards. It also highlighted 79% of people saying they do not feel confident their water company is using billpayer’s money to improve services.

SAS is calling for a 90% reduction in discharges by 2030.