River Action plans further assault on autumn muckspreading

Environmental group River Action is kick-starting fresh legal action against Defra to try and secure a general ban on autumn muckspreading.

The group has issued Defra with a “pre-action protocol letter” – part of a process that may lead to further litigation.

The move follows publication of new guidance by Defra last month for Environment Agency (EA) inspectors to follow when applying the Farming Rules for Water.

See also: Defra imposes tougher requirements for autumn muckspreading

Those new guidelines were triggered by an earlier High Court ruling that suggested Defra was not complying with the regulations, which say nutrients may only be applied “to meet the needs of the soil and crop on the land”.

Until now, Defra and the NFU have interpreted that to mean the crop’s “total” nutrient requirement over the course of a whole year.

River Action, supported by the High Court judge, said slurries and manures should only be spread so as to meet the crop’s “immediate” need, which is often limited in the autumn.

Watercourses

The new guidance issued by Defra on 18 June attempt to satisfy the court ruling, so as to better protect watercourses from unwanted run-off over the autumn and winter months.

It says that autumn muckspreading may continue, but that it must be backed by clearer evidence that it is necessary, including a nutrient management plan, soil testing and slurry/manure analysis.

EA inspectors are advised to take an “advice-led” approach, but “may” still impose sanctions if problems persist.

River Action says this new guidance does not go far enough, and does not truly reflect the ruling of the High Court judge.

Unlawful 

The letter sent to Defra says the new guidance is unlawful because:

• It does not set a legal imperative for the EA to pursue sanctions where its advice has failed to achieve compliance
• It “conspicuously fails” to explain that crop need means “at the time of application”.

River Action’s head of legal, Emma Dearnaley, said: “Defra’s new guidance still creates ambiguity for farmers and appears to lack the ambition necessary to end the blight of river pollution from agriculture.

“Defra should spell out that excessive spreading of manure or nutrients in the autumn will only be allowed in clear-cut cases, and that breaking the rules will lead to sanctions where advice has not achieved compliance.”

River Action’s lawyers Leigh Day says Defra should at the very least issue clarifications, if not replacing the new guidance completely.

Defra response 

Defra said it was unable to comment on ongoing legal matters, but a spokesperson insisted that it was working alongside farmers and environmental groups to tackle “unacceptable” levels of water pollution from agriculture.

 “We are placing water at the core of the reformed Sustainable Farming Incentive, and we are doubling the funding for Environment Agency farm inspections to drive compliance and support sustainable farm businesses,” they said.

Matthew Doran, Country Land and Business Association (CLA) land use policy adviser, said he believed Defra had acted within the terms of the original High Court ruling.

“The updated statutory guidance removes reference to applying nitrogen based on annual crop and soil need,” he said. “It does not appear to compromise the EA’s independence as a regulator.”