Court date set for sewage sludge legal challenge

An environmental group has been granted permission for a High Court hearing to challenge the government over accusations it reneged on a pledge to regulate microplastics and chemicals in sewage sludge spread over farmland.  

Campaign group Fighting Dirty, which comprises campaigners George Monbiot, Georgia Elliott-Smith and Steve Hynd, is taking legal action against the Environment Agency (EA), accusing it of axing a pledge to test sewage sludge for contaminants before it is spread as fertiliser on farmland.

A report commissioned by the EA in 2017 found that crops in England were contaminated with dangerous organic contaminants “at levels that may present a risk to human health” and plastics that could result in “soils becoming unsuitable for agriculture”.

See also: Government faces legal action over sewage sludge on farmland

A strategy for safe and sustainable sludge use, published by the agency in 2020, stated that rules around testing and regulation of sewage sludge from water treatment plants and septic tanks would be introduced by mid-2023.

The measure would require all sewage sludge to be tested for microplastics and forever chemicals before being sold to farmers by water companies for use as fertiliser.  

But the updated EA strategy abandoned the commitment to achieve legislative change by the 2023 deadline and failed to replace it with an alternative date.

As a result, Fighting Dirty says there is no timetable in place to enforce the removal of harmful chemicals from the 3.5m tonnes of sludge that is spread on UK agricultural land as fertiliser every year.   

Mr Mondiot said: “Thousands of hectares of prime farmland are being contaminated every year with a cocktail of toxic chemicals, with scarcely any testing or documentation.

“The government knows this is wrong, but it has serially failed to keep its promises to take action. Thanks to this regulatory black hole, no one knows what exactly is going onto the land or what the consequences might be.”

JR hearing date

Fighting Dirty has been granted permission for a judicial review of the EA’s decision to remove the deadline for action.

The group, which is being supported by Leigh Day Solicitors, will argue in court that the body failed to consider mandatory relevant factors and to make sufficient inquiries, and that its decision not to replace the target date is irrational.

The judicial review hearing has been listed for Tuesday 9 July at the Royal Courts of Justice in London. 

A Defra spokesperson said: “We are committed to improving the regulatory framework for sludge, and where there is evidence of harm to the environment from sludge spreading, we will not hesitate to take appropriate action.

“Our Sludge Strategy is designed to promote the safe and sustainable use of sludge in agriculture. It also ensures water companies can contribute to productive farming while meeting their environmental obligations to clean up waterways and promote healthy soil.”