Legal action over pollution in the Wye, Lugg and Usk catchment area has been expanded to include Welsh Water (WW) as well as Cargill Plc, Avara Foods and Freemans of Newent as defendants.
Sewage spills into these rivers make WW also accountable for pollution that has damaged the river water quality, says law firm Leigh Day, which launched the action last March.
Initially Avara Foods, Cargill and Freemans of Newent were named as the primary defendants, alleging public and private nuisance and breaches of the Environmental Protection Act 1990. They deny the allegations.
Leigh Day claims industrial-scale poultry production managed by Avara is responsible for the bulk of river water pollution in the Wye catchment.
It says manure that runs off into the rivers Wye, Lugg and Usk creates phosphorus and nitrate pollution resulting in algal blooms, which block sunlight and deprive the water of oxygen.
However, the firm says phosphorus and nitrates that are also present in sewage discharges from WW’s operations are also contributing to the pollution of the rivers.
As a result of a July 2024 Supreme Court ruling that a sewage nuisance claim can be brought against a water company, Leigh Day is able to add WW to the legal action.
A letter before action has been sent to WW, alleging that sewerage operations from the water company have contributed to the pollution of the Wye, Lugg and Usk.
A letter outlining similar allegations against Avara, with its 50% shareholder Cargill and subsidiary company Freemans of Newent, was sent last year.
The civil legal action against WW argues that sewage discharges from the water company, which are high in phosphorus and bacteria due to human faeces, have materially contributed to the pollution of the river.
Leigh Day partner Oliver Holland, who is leading the claim, said: “It is important that we hold all of the corporations that we allege are the biggest polluters of the Wye, Lugg and Usk to account in the legal action.
“We believe that the evidence points to Welsh Water as a major contributor to the pollution of the Wye, Usk and Lugg.
"This legal action is not just about a single company or entity – it is about ensuring more widely that enough is being done to stop UK rivers and waterways from deteriorating."
The legal claim is supported by campaign group River Action, whose chair Charles Watson said it was "shaping up to be one of the most significant pieces of litigation relating to river pollution yet witnessed in the UK".
