Lawyers challenge water firm’s immunity over sewage discharge
Environmental campaigners are fighting to stop a water company being given almost total immunity from any private legal action for discharging untreated sewage into waterways.
The Good Law Project (GLP) and the Environmental Law Foundation (ELF) are challenging a decision by the high court that the water company United Utilities cannot be subject to any private legal action for its discharges of raw sewage from storm outfalls into the Manchester ship canal.
The decision made last April is being reviewed by the court of appeal, which this week granted permission for the legal groups to submit evidence as part of the case.
Jo Maugham, the director of the GLP, said if United Utilities was to win the case it could end a vital legal option to hold water companies to account for sewage dumping. Lawyers for the GLP say the decision would effectively act as a precedent which all water companies would seek to rely on.
The environmental groups will tell the court of appeal it has now become clear that sewage dumping from storm overflows has been occurring with alarming regularity and does not just take place in exceptional circumstances, for instance after very heavy rainfall.
Emma Montlake, the joint executive director of the ELF, said: “ELF works with and assists communities across the country plagued by the environmental and health consequences associated with sewage pollution into British water systems.
“We are delighted that the court [of appeal] has agreed that the ELF’s evidence and that of others in the consortium will be able to assist the court of appeal to understand the context and wider ramifications of unchecked sewage pollution.”
The fight over the rights to sue a water company over discharges from outflows of raw sewage
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