A LEGAL claim challenging river pollution in the River Wye has been filed at the High Court.
The court action, which almost 4,000 people have joined, is against industrial chicken production firms, Avara Foods Limited and Freemans of Newent Limited as well as sewage company Welsh Water, who are blamed for extensive and widespread pollution in the River Wye and the River Lugg and their tributaries.
The three companies have denied the claims to law firm Leigh Day, which represents the claimants. Now the claims have been served on the companies, and the particulars of claim are with the High Court.
Avara, Freemans and Welsh Water must now file a defence and, unless the claim is settled, it will be heard in a civil trial at the High Court.
The claimants are all residents, local business owners, or people who use the rivers Wye, Usk and Lugg for leisure and family time. They include people with riverside properties or fishing rights and other householders or tenants who live or run businesses near to intensive poultry units, chicken growing farms or sewerage infrastructure.
Businesses who rely on local tourism and river activities have also joined the claim.
All allege that the three companies are responsible for river pollution and the severe impact it has had on businesses, recreation, tourism and property values since August 2019 and ask the court to award substantial damages for that period.
They also ask the court to order all three companies to clean up the rivers and restore them to health.
The claim against Avara, Freemans and Welsh Water alleges that pollution has been caused by water run-off from farmland containing high concentrations of phosphorus, nitrogen and bacteria resulting from the spreading of thousands of tonnes of poultry manure and sewage bio solids.
It also alleges bacteria, and nutrient pollution has been caused by the discharge of sewage directly into the rivers from Welsh Water sewerage systems.
Justine Evans is the lead claimant. She works in wildlife film making for international broadcasters and moved to the Wye area in 2012.
Ms Evans recalls that the River Wye used to be clear, with the natural growth of plants and wildlife on and beneath its surface easily visible. But in recent years, she has seen a stark decline in its condition.
Around the time of the Covid pandemic, Justine observed a large algal bloom which gave the river a pea soup appearance.
Ms Evans said: “My relationship with the river has completely changed, to the point I no longer feel comfortable going in it. It’s horrible to think what has happened to the wildlife it is home to.
“Children are growing up seeing the river now as it is now thinking this is its normal state, but it’s just not what rivers should look like. The feeling of contentment I used to get from being in the river has all but disappeared.”
Lawyers at Leigh Day see this as the culmination of an extraordinary effort by local community members and campaign groups to research, monitor and advocate for their rivers.
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