The UK government is facing a major legal confrontation after a coalition of environmental groups, led by The Wildlife Trusts, accused it of operating an illegal and destructive system for regulating water pollution in England.
The groups have submitted a formal pre-action protocol letter to the Department for Environment, Food & Rural Affairs (Defra) and the Environment Agency. This legal document alleges that the authorities have created a permitting system that effectively sanctions the chronic pollution of rivers, lakes, and coastal regions, devastating local wildlife and ecosystems.
A System Designed to Fail
At the heart of the dispute is the Regulator’s Performance Progressive Scoring Framework (RPPS). The claimants argue this framework is fundamentally unlawful as it prioritises advice and support for polluting companies over rigorous enforcement and punishment. This has created a culture of impunity where damaging practices continue unchecked.
Craig Bennett, chief executive of The Wildlife Trusts, stated: "The system is broken. We have a regulatory regime that is not just inadequate; it's illegal. It allows pollution to flow into our waters virtually unchecked, with dire consequences for nature and public health."
The Staggering Human and Ecological Cost
The legal challenge is backed by shocking statistics that paint a picture of a national crisis:
- No single river in England is in good overall health.
- Water companies discharged raw sewage into rivers and seas for over 3.6 million hours in 2023.
- Pollution from agriculture and sewage has caused a catastrophic decline in freshwater species, some by as much as 88%.
This isn't just an environmental issue; it's a public health concern. Polluted waters pose risks to people who wish to swim, surf, or enjoy the nation's natural landscapes.
Government Response and Next Steps
In response, a Defra spokesperson said the government is "going further and faster than any other to protect and enhance our precious water environments." They cited a planned investment of £2.2 billion and increased monitoring.
However, environmentalists deem this response insufficient. The legal action now forces the government to address these specific allegations formally. If the government's reply is unsatisfactory, the claimants will seek permission for a full judicial review in the High Court, aiming to compel a complete overhaul of the regulatory system.
