December 14th, 2023
Advocating for Nature: ELF’s Year of Environmental Justice and Legal Triumphs
Introduction
ELF continuously dedicates itself to utilising legal strategies in our fight for a healthier planet. Over the last year, our involvement in key environmental legal battles has underscored our commitment to these critical causes. We’re excited to share with you, our fellow environmental advocates, a recap of these significant cases and our ongoing efforts to drive positive change through the legal system.
1. Manchester Ship Canal Ltd v United Utilities - Supreme Court Intervention
At the start of the year, ELF intervened in a major Supreme Court case, Manchester Ship Canal Ltd v United Utilities, supported by the Good Law Project. Utilising evidence from communities affected by local sewage pollution, ELF was the sole intervenor in this critical case. The judgement, which is still pending, could potentially allow private claims for nuisance and trespass in instances of illegal sewage discharge, challenging the immunity currently granted to water companies under the Water Industry Act 1981.
2. Rights of Nature: River Ouse Charter
On 20th February, Lewes District Council passed a motion to explore granting rights to the River Ouse through a river charter, acknowledging the global “Rights of Nature” jurisprudence. ELF played a vital role in drafting this motion in collaboration with a District Councillor. The organisation is now aiding the local group Love Our Ouse, with guidance from rights of nature barrister Monica Feria-Tinta, to understand legal opportunities for recognising the river’s rights.
3. Whitburn Beach Sewage Issue
ELF has supported local anti-sewage campaigner Robert Latimer in Sunderland, challenging DEFRA and OFWAT’s interpretation of “all normal local climatic conditions” under the Urban Waste Water Regulations. This action has led to an investigation by OFWAT and the first complaint upheld by the Office for Environmental Protection (OEP) against the government regarding climatic events interpretation.
4. Betteshanger Park Development Proposal
ELF assisted the Friends of Betteshanger in opposing two planning applications for a hotel and a surf lagoon at Betteshanger County Park, Deal, Kent. This site, with its rich biodiversity including rare species, faced significant threats from these developments. Despite initial approval recommendations, the planning committee refused the hotel application. However, a new application has been recently submitted.
5. Breckland Special Protection Area Threat
ELF has been active in addressing two applications for Intensive Poultry Units and pig finishing sheds near the Breckland Special Protection Area. The organisation highlighted the potential risks from avian flu and pollution from these operations. ELF’s technical member Helen Hamilton played a crucial role in scrutinising the environmental statement, leading to a detailed objection on behalf of local residents.
6. Park Road Allotments Public Inquiry
In one of the most high-profile cases of the year, ELF supported the Isleworth Society in their fight against the development of Park Road Allotments into flats. Represented by pro-bono barristers, this case garnered significant media attention and public support. The development proposal by Northumberland Estates faced scrutiny for lacking justification and costings, while the allotments are recognised as Local Open Space and an Asset of Community Value.
Conclusion
As we reflect on the year’s achievements and challenges, it’s clear that our collective efforts are making a tangible impact in the realm of environmental law. These cases not only represent our dedication to environmental advocacy but also signify the power of legal action as a tool for ecological preservation and justice. Together, with your support, we continue to strive for a future where legal frameworks serve as robust guardians of our natural world. Stay engaged with us as we forge ahead in this crucial mission, and thank you for being an integral part of our journey towards a more sustainable and just planet.
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