The legal challenge launched by the Badger Trust against Defra's plans for a targeted badger cull has failed in the High Court.
The result means the go-ahead of culls which the government claimed would help combat tuberculosis (TB) in cattle. They are expected to cost £100m a year and would begin in Gloucestershire and Somerset before moving on to other counties.
The Badger Trust challenged Defra on three grounds - claiming the operation was illegal and would make little impact in combating the disease.
The British Veterinary Association (BVA) and British Cattle Veterinary Association (BCVA) welcomed the judgment, "We are pleased that the High Court has ruled Defra's policy lawful and that the pilot badger culls can now go ahead" said the BVA President and BCVA President in a joint statement.
Both the BVA and the BCVA claimed the judgment was justifiable because it was based on scientific knowledge, "Bovine TB is a devastating disease and we must tackle the disease in wildlife alongside cattle controls if we are to get on top of it." However, evidence from the UK Randomised Badger Culling Trial (RBCT) said culling could spread the risk of the disease as badgers would roam further afield than normally expected and endanger other herds.
Culling plans in Wales were scrapped and replaced with a vaccination plan last year but culling in England could begin as early as September.
Pat Hayden, vice-chair of the trust, expressed deep disappointment but said: "How we feel is much less important than the impact on the species we exist to protect. We owe it to our members to do our utmost to protect badgers." The trust is now considering an appeal. The government says that culling will help combat cattle tuberculosis, which costs the UK more than £100m per year.
The National Beef Association expressed their delight that the cull will go ahead after campaigning for three years.
"A lot of farmers have put in a lot of work to get to this point and it would have been heartbreaking if a further delay had been created," said Joanne Pugh, Assistant Director of NBA.
“We cannot tackle TB with cattle measures alone, something Mr Justice Ouseley acknowledged during the High Court proceedings, and we just hope the Badger Trust heeds the strength of this decision and decides against appealing.
“Everything is in place for the two pilot areas to operate this year and we are confident these will prove free shooting is safe, humane and effective, paving the way for 10 more areas to seek licences in 2013.”
The Farmers' Union of Wales said that the decision highlighted the 'extreme' contrast between the Welsh government's 'failure' to tackle the issue and the Westminster government's decision to stand by a robust decision in order to save the lives of cattle.
Responding to the decision, FUW’s TB spokesman, Carmarthen dairy farmer Brian Walters, said: “During the hearings the Badger Trust’s barrister acknowledged that they were not challenging the science behind culling badgers, but the legality of the decision."
“The Welsh government has bottled it over a decision regarding which the English government has stood its ground.”
Walters said he hoped the Badger Trust would not launch an appeal against the decision as this was likely to delay a cull and cause more English cattle to be culled because of bTB.
