The High Court is set to launch a review due to claims that the Environment Agency (EA) has failed to protect the River Wye from agricultural pollution, the BBC has reported. According to environmental charity, River Action, destructive levels of nutrients from organic manure have entered the river, which stretches from Plynlimon in Ceredigion to the Severn Estuary.
It is estimated that around 20 million chickens are raised in the River Wye catchment at any point in time, which is about 25% of UK poultry production. In response, the Environment Agency has said that it was "working hard" and had already taken measures to restore the area.
According to BBC Wales, a large amount of organic manure has been spread over the land to facilitate the poultry industry's rapid growth near the River Wye, which as a result, has lead to a substantial increase in levels of phosphorus in the soil. When the phosphorus is washed into the river by rainwater, it causes prolonged algal blooms which suffocate plants and wildlife by sucking up all the oxygen and turning the water into opaque green.
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The charity River Action has now applied for a judicial review against the EA and has said that despite the Wye being designated a Special Area of Conservation, algal blooms have destroyed 90% of the river's ranunculus, which is a family of aquatic plants. It is said that in June of 2020, an unprecedented amount of algal bloom stretched for more than 140 miles almost the entire length of the river.
In May 2022, a study by Lancaster University found that 60 to 70% of the river's phosphorus now comes from agriculture, with 3,000 tonnes of it are entering the river every year. According to this study, it is accumulating at a rate of almost 3st (17kg) per hectare when the national average is just over 1st (7kg) per hectare.
The chairman and founder of River Action, Charles Watson told the BBC that the severe ecological collapse of the River Wye was "one of the great environmental scandals of our times". They added: "The sickening tragedy is that this could have been seriously mitigated had the EA enforced existing environmental regulations to prevent the excess application of animal waste on land that was already oversaturated with nutrients. The irony is that the same government that introduced these regulations is giving the EA explicit guidance not to enforce them. This unlawful conduct of the EA has to stop now."
The UK Government's Department for Environment, Foods and Rural Affairs' statutory guidance notes that land managers should avoid spreading manure during a crop rotation that raises phosphorus in soil above a certain level, unless it is not reasonably practicable to do so or they have taken all appropriate precautions to prevent any diffuse agricultural pollution.
Although EA operates under this guidance, River Action said because crop rotations take place over several years, this approach fails to protect the River Wye. They have also accused the EA of "slavishly" following the guidance at the expense of enforcing rules designed to protect the river.
The environment solicitor who is representing River Action through the firm Leigh Day, Ricardo Gama, said: "Our client hopes this claim will force the EA to reassess their approach and start applying its rules properly."
In response, the EA has said that it's working hard to restore the health and ecological status of the River Wye, including through increased monitoring and increased farm visits focusing on high-risk locations and previously non-compliant businesses. In a statement to the BBC, it added: "Last year we received extra funding to undertake more inspections, and nationwide since April 1 2021 we have visited nearly 5,000 farms and required over 77,000 actions from farmers to address agricultural pollution.
"The farming rules for water are one of a number of regulations we use as part of our advice led regulatory approach with farmers, to protect water quality and nature. If we find pollution or significant risk of pollution occurring we will not hesitate to take further action - evidenced by the enforcement action taken against 140 farms this financial year."
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