Fighting Dirty case against sewage sludge in High Court

Environmental campaigners are facing off against the Environment Agency in court to demand proper regulation of sewage sludge spreading on farmland.

Campaign group Fighting Dirty, which comprises campaigners George Monbiot, Georgia Elliott-Smith and Steve Hynd, has headed to the High Court in London on Tuesday 9 July for the first day of a judicial review case.

The group has been granted permission to challenge the Environment Agency’s (EA’s) decision to axe a commitment to have sewage sludge tested for microplastics and chemicals before it is spread on farmland as fertiliser.

See also: Court date set for sewage sludge legal challenge

A report by the EA in 2017 revealed contamination of crops in England with harmful organic contaminants (dioxins, furans, polycyclic aromatic hydrocarbons) and physical contaminants (plastics), which pose potential human risks to human health and agricultural suitability of soils.

In response to the report, the EA committed to integrating sewage sludge testing and regulation into the environmental permitting regime by 2023.

This would require testing for microplastics and forever chemicals before the sludge is sold to farmers as fertiliser.

However, by July 2023, the agency had not published any updates on this commitment and Fighting Dirty discovered it had abandoned the commitment to achieve legislative change by the 2023 deadline.

Fighting Dirty, which is represented by Leigh Day’s environmental legal team, is challenging the EA’s decision, arguing that its failure to replace the target date for regulatory action is “irrational”.

It has launched an online crowdfunding campaign to support its legal case.

An EA spokesperson said: “As the responsible regulator in England for the supply, treatment, storage, and use of sludge, the purpose of our strategy is to enable its safe and sustainable use on land.

“This ensures water companies meet their environmental obligations, while contributing to clean and plentiful water and soil that is healthy and productive.”

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