The Office for Environmental Protection says it welcomes yesterday’s (Wednesday, 2 April) Court of Appeal decision on the correct interpretation of the law to protect and improve water quality.
The Court has handed down its judgment in the appeal of the case of R (Pickering Fishery Association) v the Secretary of State for Environment, Food and Rural Affairs.
It has found that government programmes of measures under the Water Framework Directive (WFD) Regulations must identify actions for each water body to achieve the environmental objectives for that water body. Dismissing the Defra Secretary of State’s appeal, the court confirmed that the approach taken by Defra and the Environment Agency to the preparation and approval of River Basin Management Plans (RBMPs) is unlawful.
The OEP intervened in the appeal to highlight the importance of clarity in the law to promote positive outcomes for the water environment following its report into implementation of the WFD Regulations and River Basin Management Planning in England.
OEP General Counsel, Peter Ashford, said: “We are pleased the Court of Appeal has agreed with the OEP’s submissions in our intervention, finding that our interpretation of the relevant legislation is ‘essentially correct’. The judgment upholds the decision of the High Court and clarifies the requirements for there to be programmes of measures tailored to improving the environment in individual water bodies.
“The judgment will also be relevant to our recently launched investigation into possible failures by Defra and the Environment Agency to comply with the WFD Regulations, which includes consideration of generic programmes of measures that do not address specific issues in individual water bodies. It also considers the fact that government adopted plans with low confidence that they would achieve relevant environmental objectives.
“We will consider the judgment carefully and engage with Defra and the Environment Agency to understand the action they intend to take to address the court’s findings and deliver improvements in water quality.
“The findings of the court are also of wider significance, supporting the OEP’s continued calls for other government environmental targets to be accompanied by transparent delivery plans that demonstrate how those targets will be met.”
