Sewage case against Ofwat rejected

Environmental group Wild Justice has lost its appeal to grant a judicial review of Ofwat’s regulation of sewage releases.

The advocacy group lodged a case at the Court of Appeal against the water regulator on the grounds of failing to meet its responsibilities to regulate discharges of raw sewage under the Urban Wastewater Treatment Directive.

After a judge refused permission for a judicial review, the group lodged an appeal at the Court of Appeal last week, which has now been refused.

The group said: “We are surprised that we were not given permission to go to a full court hearing. We believed, and still do believe, that we had a strong and arguable case. We would have relished having a day in court to make that case.”

An Ofwat spokesperson said the regulator would continue to engage with organisations such as Wild Justice, which play an important role in pressuring the sector to deliver more for the environment.

“We were pleased to see the Court of Appeal taking the same view as the High Court judge, agreeing that Ofwat is acting to hold companies to account on their environmental performance and recognising our place within the wider regulatory framework. We will continue to push companies to act in the best interests of customers and the environment, and as more and better data become available, ensure this insight is translated into action.”

Wild Justice, which advocates for UK wildlife conservation, launched the legal challenge against Ofwat regarding its statutory responsibilities over wastewater treatment plants in England and Wales in response to the increased sewage and pollution incidents reported in recent years.

Despite losing the appeal, Wild Justice said its view of its advocacy work in environmental cases is: “If we keep throwing ourselves against the door then we will sometimes break through, and even when we don’t then we’ve rattled the windows as well as the doors and the residents know there is someone outside.”