What was the case about?
River Action brought a Judicial Review claim in March 2023, challenging the EA鈥檚 (Environment Agency) policy in relation to the enforcement of the Farming Rules for Water.
River Action essentially argued that the EA was not doing enough to enforce the Farming Rules for Water, and was therefore failing to address nutrient issues in the River Wye.
How was the NFU involved?
皇家华人intervened in the proceedings on a narrow point of interpretation relating to Rule 1 of the Farming Rules for Water to ensure the court was aware that the interpretation put forward by River Action and the EA was not universally accepted.
皇家华人and Secretary of State took the view that the Farming Rules for Water allowed for nutrient applications to be planned based on the needs of the soil and crop beyond immediate needs, i.e. over a longer period of time, such as an annual crop cycle.
This was at odds with the position taken by River Action and the EA who asserted that nutrient applications should be planned so as not to exceed the needs of the soil and crop at the time of the application.
What did the court decide?
River Action鈥檚 claim was dismissed in its entirety, with the court finding the EA鈥檚 approach to enforcement of the Farming Rules for Water to be lawful.
The judge concluded that the interpretation favoured by the EA and River Action was correct, and that nutrient applications have to be planned on the basis of soil and crop need at the time of application.
NFU reaction
Responding to the news, NFU Vice President Rachel Hallos said the NFU was 鈥渄isappointed that the judge disagreed with the interpretation of the legislation put forward by the NFU and Defra鈥�.
She added: 鈥淔armers and growers care deeply about water quality in rivers, including in the Wye catchment, and they will continue to work hard to prevent valuable nutrients and soil 鈥� vital for farming systems and food production 鈥� from contributing to water pollution.
鈥溁始一藈ill consider the judgment in detail and will continue its work with government, local authorities and regulatory bodies such as the Environment Agency to continue to drive further improvements on water quality, so we can maintain and protect the health of the nation鈥檚 rivers.鈥�