1 year ago
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Cumbrian campaigners at Lakes against the Nuclear Dump [LAND] have commenced a legal action to challenge the issue of a permit by the Environment Agency to Sellafield granting permission for the nuclear waste facility to dispose of water into local rivers in connection with onsite construction work.
The Nuclear Free Local Authorities and LAND responded earlier this year to an EA consultation on their proposal to issue a permit. At that time, we objected to the risk posed by contamination of local water courses by water extracted by Sellafield from groundwater and then discharged into the river, and ultimately the Irish Sea. We also challenged the EA because there was no Environmental Impact Assessment accompanying the proposal.
Now LAND has taken the next step and initiated a legal action with the help of top environmental lawyers Leigh Day. Our friend, Cumbrian resident and LAND campaigner, Marianne Birkby, explains why:
“There are two incredibly special and supposedly protected rivers in West Cumbria – the Ehen (from Wild Ennerdale) and the Calder which runs under the most ancient pack horse bridge before it reaches Sellafield and goes out towards the Irish Sea where the two rivers join.
“Both rivers are about to be polluted by discharges from Sellafield’s new onsite constructions which involve massive abstractions of polluted water from pile driving and tunnel excavations near the rivers.
“The abstracted water will be “disposed of” to the rivers via direct and indirect means threatening the survival of internationally threatened species such as the Atlantic Salmon and the Fresh Water Pearl Mussel. Both these species rely on healthy rivers and seas to survive.
“With the help of top environmental lawyers Leigh Day, I have on behalf of Lakes Against Nuclear Dump sent a legal letter to the Environment Agency putting them on notice of their rubber stamping of Sellafield’s new development which has not been subject to an Environmental Impact Assessment.
“In order to continue with the challenge, we do need funds and if you could help by giving a small donation (or if you happen to have a Monet’s waterlilies painting you no longer like…!) then that would be amazing.
“Just as important is to share the CrowdJustice page to let people know what is going on with West Cumbria’s rivers which are essentially being used as radioactive sewers out to the Irish Sea.
“The new CrowdJustice page is:
https://www.crowdjustice.com/case/stop-contamination-of-the-rivers/
“Please do share this link if you can and if you can donate that would be fabulous too. All donations go direct to the legal case”.
Environmental lawyers Leigh Day have also issued a media release:
Legal challenge signalled over Sellafield water extraction plans
Campaign group Lakes Against Nuclear Dump (LAND) has taken the first steps in a legal challenge against the Environment Agency’s (EA) decision to grant Sellafield a licence to extract large quantities of water and dispose the polluted byproduct.
The water extraction operation is set to be part of an excavation to make way for a new nuclear waste storage facility, with LAND warning that the process could result in waste water entering Cumbria’s waterways.
In a legal letter to the EA, signalling the start of the judicial review process, LAND says that the EA failed to justify how the water extraction operation would be compliant with environmental regulations.
In July 2024, Sellafield made an application to the Environment Agency for a water abstraction licence, which would allow it to remove up to 40 cubic metres of water per hour for a period of seven years.
This would be to aid the construction of the Box Encapsulation Plant Product Store 2 – a planned new radioactive waste storage facility – and would see groundwater extracted from the construction site to make way for the development.
In March 2025, the EA gave notice of the application and set an April deadline for consultation responses. LAND along with Nuclear Free Local Authorities (NFLA) raised a number of concerns in response to the consultation, including a failure to assess the environmental impact.
In May, LAND was informed by the EA that Sellafield had been granted a water abstraction licence, meaning that the power plant will be able to go ahead with extracting water from the site.
The EA concluded in its decision that the operation would be unlikely to degrade water quality, which LAND disagrees withsaying there is no reasoning for the decision.
The group also says that plans to discharge the extracted water via the Calder Interceptor Sewer risk contaminating the River Calder and River Ehen.
LAND raises further concerns with the granting of the licence, with a copy of the licence itself not being made publicly available and limited information provided on the conditions of the licence.
At the start of August, LAND sent its pre-action protocol letter to the EA laying out its concerns with the decision to grant the licence. In the letter, LAND calls on the EA to reverse its decision, and raises the possibility of bringing a judicial review challenge if this is not done.
The proposed grounds of challenge are:
- In failing to take steps such as conducting a hydrological impact assessment, the EA did not properly consider obligations under the Habitats Regulations to prevent the deterioration of natural habitats and disturbance of species.
- The EA failed to consider the potential impacts of the extraction process on local waterways such as the River Ehen.
- The EA failed to comply with water regulations requiring it to prevent the deterioration of surface water or groundwater sites.
- The EA failed to provide lawful reasons as to why it concluded that the extraction is unlikely to degrade water quality at the site, or how the decision is compliant with environmental regulations.
Marianne Birkby from LAND said:
“No one begrudges Sellafield repackaging leaking nuclear waste from the Magnox silos, but this should not be at the further expense of Cumbria’s rivers and groundwaters. The nuclear waste industry is being given free rein to pollute, while self-styling themselves ‘clean’, and our rivers are bearing the brunt.”
Leigh Day solicitor Rowan Smith, who represents LAND, said:
“Our client, Lakes Against Nuclear Dump, is arguing that the Environment Agency was wrong to award a water abstraction licence to Sellafield Ltd, which they say will essentially give it freedom to pollute Cumbria’s rivers and groundwaters – including the rivers Calder and Ehen. LAND are concerned that these operations will result in contaminated waste water from the nuclear site ending up in Cumbria’s waterways, and say that Sellafield has not undertaken adequate assessments of either the hydrological or ecological risks. It is hoped that their pre-action letter will prompt the Environment Agency to reconsider its decision.”
Like LAND, the Nuclear Free Local Authorities are totally opposed to any activity by the nuclear industry which leads to contaminated materials, particularly radioactive, being discharged into local water courses and the sea.
Consequently, we are supportive of this action and wish it every success. Supporters are urged to donate on the CrowdJustice campaign page
https://www.crowdjustice.com/case/stop-contamination-of-the-rivers/
and promote the campaign.
Ends//..For more information, please contact the NFLA Secretary Richard Outram by email to richard.outram@manchester.gov.uk
(The accompanying photo taken by Alan Cleaver is of the River Calder and Matty Benns Bridge. It was supplied by LAND with permission kindly granted by Mr Cleaver for use to promote this campaign).
