Legal challenge launched against nuclear plant water abstraction licence

Represented by law firm Leigh Day, Marianne Birkby, campaigner for Lakes Against Nuclear Dump (LAND) contends that the process would produce contaminated water, which would be discharged into the nearby Calder and Ehen rivers.

LAND said: “The River Calder joins with the environmentally sensitive River Ehen, but Sellafield has failed to provide a legally required Hydrological Impact Assessment, and the Environment Agency did not demand one.”

Sellafield said that removing water from a construction site is “standard practice” when preparing land for a building project, and rejected claims that the water will be discharged to the rivers Calder or Ehen.

It noted that the water is pumped to on-site storage tanks, where it is tested prior to being discharged direct to sea.

A pre-action protocol letter was sent to the Environment Agency on 5 August, warning of a judicial review challenge to the lawfulness of its decision.

The letter contends that the agency “failed to provide a publicly available copy of the [water abstraction] License, nor details of the conditions attached to it”.

The proposed grounds of challenge are as follows:

• Failure to comply with Article 9(3) of the Conservation of Habitats and Species Regulations 2017, when read with Article 6(2) of the Habitats Directive.
• Failure to: (a) have regard to all the relevant circumstances as required by s. 38(3) of the Water Resources Act 1991; and/or (b) take account of a mandatory material consideration (namely the impact on the River Ehen SAC).
• Failure to comply with Regulation 3 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.
• Failure to provide lawful reasons.

The letter warned that if the Environment Agency refuses to revoke the decision, the claimant intends to bring a claim for judicial review in which it will seek: (i) a quashing of the decision; (ii) a declaration that the decision was taken unlawfully; and (iii) its costs.

Leigh Day solicitor Rowan Smith 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 River Calder.

“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." 

An Environment Agency spokesperson said: “When we receive water abstraction license applications we take into consideration all the potential impacts on the environment before determining whether to issue a license.

“In this case, we did not require a hydrological risk assessment because we consider that the application will not affect any site of nature conservation, significant landscape or heritage, protected species or habitat.”

Lottie Winson