Seiont, Gwyrfai and Llyfni Anglers' Society, R (on the application of) v Natural Resources Wales & Ors [2015] EWHC 3578 (Admin) (17 December 2015)

Seiont, Gwyrfai and Llyfni Anglers' Society, R (on the application of) v Natural Resources Wales & Ors [2015] EWHC 3578 (Admin) (17 December 2015)

The court held that 'environmental damage' under the Environmental Liability Directive is not limited to further deterioration from an existing state but also includes the prevention or deceleration of recovery from an already-damaged environmental state. Natural Resources Wales erred in law by adopting a narrower interpretation. The correct legal approach requires consideration of whether the recovery of the water body to its baseline condition is being prevented or delayed by ongoing discharges, not just whether further deterioration has occurred.

Citation
[2015] EWHC 3578 (Admin)
Parties
Claimant: Seiont, Gwyrfai and Llyfni Anglers' Society; Defendant: Natural Resources Wales; Interested Party: Dwr Cymru Cyfyngedig trading as Dwr Cymru Welsh Water; Interested Party: First Hydro Company Limited; Interested Party: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Judicial Review / Substantive Hearing Following Rolled Up Permission Hearing
Outcome
Claim allowed
Legal Topics
Environmental Liability Directive, Water Framework Directive, Definition of Environmental Damage, Polluter Pays Principle, Remedial Measures for Environmental Harm
Environmental Law Administrative Law European Union Law Environmental Liability Directive Water Framework Directive Definition of Environmental Damage Polluter Pays Principle Remedial Measures for Environmental Harm

Case Brief

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Parties

Seiont, Gwyrfai and Llyfni Anglers' Society

Claimant

Natural Resources Wales

Defendant

Dwr Cymru Cyfyngedig trading as Dwr Cymru Welsh Water

Interested Party

First Hydro Company Limited

Interested Party

The Welsh Ministers

Interested Party

Procedural Posture

Judicial Review / Substantive Hearing Following Rolled Up Permission Hearing

Legal Issues

  1. 1 Whether 'environmental damage' under the Environmental Liability Directive includes prevention or deceleration of recovery from an already-damaged state or is limited to further deterioration
  2. 2 Whether Natural Resources Wales misinterpreted the Directive in its decision regarding Llyn Padarn
  3. 3 Whether the correct legal approach would have led to different remedial measures

Ratio Decidendi

The court held that 'environmental damage' under the Environmental Liability Directive is not limited to further deterioration from an existing state but also includes the prevention or deceleration of recovery from an already-damaged environmental state. Natural Resources Wales erred in law by adopting a narrower interpretation. The correct legal approach requires consideration of whether the recovery of the water body to its baseline condition is being prevented or delayed by ongoing discharges, not just whether further deterioration has occurred.

Court Disposition

Claim allowed

Orders

  • Decision of Natural Resources Wales quashed
  • Matter remitted to Natural Resources Wales for reconsideration in accordance with the correct legal interpretation