River Action UK, R (On the Application Of) v The Environment Agency [2024] EWHC 1279 (Admin) (24 May 2024)

River Action UK, R (On the Application Of) v The Environment Agency [2024] EWHC 1279 (Admin) (24 May 2024)

The Court held that Regulation 4 of the 2018 Regulations requires that each application of organic manure or manufactured fertiliser must not exceed the immediate needs of the soil and crop at the time of application, and must not give rise to a significant risk of agricultural diffuse pollution. The Environment Agency's approach, as reflected in the Statutory Guidance, was inconsistent with the regulation to the extent it permitted applications based on longer-term or rotational needs rather than immediate needs. The Agency's enforcement policy was therefore unlawful to that extent. However, the Court found that the Agency had not breached its duty under Regulation 9(3) of the Habitats...

Citation
[2024] EWHC 1279 (Admin)
Parties
Claimant: River Action UK; Defendant: Environment Agency; Interested Party: Secretary of State for Environment, Food and Rural Affairs; Intervenor: National Farmers Union
Jurisdiction
England and Wales
Judgment Date
24 May 2024
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed in part
Legal Topics
Diffuse Agricultural Pollution, Enforcement of Environmental Regulations, Interpretation of Statutory Guidance, Habitats Regulations Compliance, Phosphorus Pollution, River Wye Conservation
Environmental Law Administrative Law Agricultural Law EU Law Diffuse Agricultural Pollution Enforcement of Environmental Regulations Interpretation of Statutory Guidance Habitats Regulations Compliance +2 more

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Parties

River Action UK

Claimant

Environment Agency

Defendant

Secretary of State for Environment, Food and Rural Affairs

Interested Party

National Farmers Union

Intervenor

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Proper interpretation of Regulation 4 of the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018
  2. 2 Legality of the Environment Agency's enforcement approach and use of Statutory Guidance
  3. 3 Whether the Environment Agency breached Regulation 9(3) of the Conservation of Habitats and Species Regulations 2017

Ratio Decidendi

The Court held that Regulation 4 of the 2018 Regulations requires that each application of organic manure or manufactured fertiliser must not exceed the immediate needs of the soil and crop at the time of application, and must not give rise to a significant risk of agricultural diffuse pollution. The Environment Agency's approach, as reflected in the Statutory Guidance, was inconsistent with the regulation to the extent it permitted applications based on longer-term or rotational needs rather than immediate needs. The Agency's enforcement policy was therefore unlawful to that extent. However, the Court found that the Agency had not breached its duty under Regulation 9(3) of the Habitats...

Court Disposition

Claim allowed in part

Orders

  • Declaration that the Environment Agency's enforcement approach and Statutory Guidance are unlawful insofar as they permit applications of organic manure or fertiliser in excess of the immediate needs of the soil and crop at the time of application under Regulation 4 of the 2018 Regulations.
  • No finding of breach of Regulation 9(3) of the Habitats Regulations.