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April 2024 Legal Update

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Legal Team Update: Key Developments and Future Directions

An Update on Pesticides Used Across the UK

The Corry Review

Sir Jon Cunliffe’s Water Commission

National Audit Office Findings

Freshwater Lochs in Scotland Damaged by Fish Farming

River Chess Abstraction

Housebuilding in Buckinghamshire


By: Guy Linley-Adams and Justin Neal
Solicitors

Legal Team Update: Pesticides, Environmental Regulations, and More

By: Guy Linley-Adams and Justin Neal, Solicitors

In a significant update from our legal team, we delve into pressing environmental issues, particularly the use of pesticides across the UK, and the implications of recent regulatory reviews.

An Update on Pesticides Used Across the UK

Last month, we highlighted growing concerns over pesticide residues in UK rivers, which pose serious risks to aquatic life, particularly invertebrates and fish. Our legal team is actively intervening in an appeal by the Health and Safety Executive (HSE) regarding the confidentiality of pesticide use records. This case, set to be heard by the Tribunal later this year, is crucial for transparency in agricultural practices.

There is a strong demand for access to pesticide data from various stakeholders, including volunteers involved in the SmartRivers initiative. Their invertebrate sampling efforts have revealed a concerning "chemical fingerprint" in our waterways. The Tribunal has now recognized WildFish as a Second Respondent in this case, reinforcing our commitment to transparency. While the hearing date remains uncertain, we urge the public to stay tuned for updates.

The Corry Review: A Call for Caution

This month, Dan Corry’s report on environmental regulation has stirred debate. Corry argues for a reduction in regulations, suggesting that current laws hinder economic growth. However, we believe that the so-called “burdens” identified in the report are not burdens at all. Instead of diluting existing laws, we advocate for their enforcement to protect our environment. For a deeper analysis, read more here.

Sir Jon Cunliffe’s Water Commission

We have submitted our response to the Independent Water Commission’s “Call for Evidence,” expressing concerns that the consultation scope is overly broad and strays from its intended focus. Discussions with Sir Jon Cunliffe indicate potential “trade-offs” between environmental protection and economic growth, raising alarms about the future of our water regulations.

Nature-Based Solutions (NBS) remain a contentious topic, with evidence suggesting they may not effectively achieve nutrient neutrality. We urge caution and demand that NBS be proven effective before widespread implementation. The direction of the Commission’s recommendations could undermine existing environmental laws, a concern echoed by the Office for Environmental Protection (OEP) and the National Audit Office (NAO).

National Audit Office Report

In a recent report, the NAO concluded that regulators have failed to ensure a resilient water sector. This aligns with our long-standing arguments and echoes the OEP’s formal notices regarding sewage pollution controls. We hope this report prompts the government to prioritize robust regulatory frameworks and investment in sewage treatment infrastructure.

Freshwater Lochs in Scotland: A Troubling Discovery

We anticipate the release of names for several freshwater lochs in Scotland identified in a University College London study as being adversely affected by fish farming. Despite UCL’s initial refusal to disclose these names, the Information Commissioner has mandated their release, highlighting the need for accountability in the fish farming industry.

River Chess Abstraction: A Positive Turn

In a recent development, the Environment Agency has confirmed the revocation of the abstraction license for the River Chess, a victory for local ecology. While this is encouraging news, we remain vigilant about similar practices affecting other chalk streams.

Housebuilding in Buckinghamshire: Legal Action Ahead

We are preparing to lodge a judicial review application against Buckinghamshire Council concerning housing developments and the critical gap in sewage and water infrastructure. This case underscores the urgent need for responsible planning in housing projects. More details will follow soon.


As we navigate these complex issues, our commitment to environmental protection and transparency remains unwavering. Stay tuned for further updates as we continue to advocate for the health of our ecosystems.

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