Sewage pollution: a global crisis & recent UK case

In England, an average of 825 sewage spills are released into waterways every day. This is a problem not only in the UK but in countries around the world and has led to public outcry as it poses a huge threat to the environment and public health.

This is an issue close to my heart as, at the age of 13, I conducted my first environmental science study for my Science Expo project on sewage pollution at Blue Flag beaches in Cape Town, South Africa. The project revealed elevated levels of e.coli in the seawater, particularly during high tides and storm surges. My study subsequently inspired further research and public health studies by researchers at the University of Cape Town, as well as a public outcry highlighting the serious impact of untreated sewage on the marine environment and public health. It showed me the power of science to communicate environmental and health issues, and the need for stronger regulation to project planetary and human health.

Unfortunately, wastewater pollution remains a critical environmental and public health issue affecting water bodies around the world. In the UK this is particularly evident in rivers. The recent UK Supreme Court case, The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2, highlights the increasing legal scrutiny of this issue. This decision has significant implications for environmental law and the responsibilities of water companies.

UK Case Overview

The Manchester Ship Canal Company Limited (MSCC) owns the Manchester Ship Canal, a major waterway in the North West of England. United Utilities Water Limited (UU), the sewerage company for the region, has been discharging untreated sewage into the canal, leading to a long-running dispute between the two companies.

MSCC sought to bring a private law claim for nuisance and/or trespass against UU for these unauthorised discharges. UU argued that the Water Industry Act 1991, which provides statutory enforcement mechanisms for breaches of duty by sewerage companies, precluded such private law claims. Both the High Court and the Court of Appeal found in favour of UU, prompting MSCC to appeal to the Supreme Court.

Supreme Court Ruling: A Turning Point

On the 2nd of July 2024, the Supreme Court ruled that MSCC could bring a claim for nuisance or trespass against UU for discharging untreated sewage into the canal. This ruling overturned the previous decisions of the High Court and the Court of Appeal.

Seven judges unanimously found that the statutory mechanisms provided by the Water Industry Act 1991 did not preclude private law claims for nuisance or trespass. This decision opens the door for other waterway owners, and potentially members of the public, to bring similar claims against utility companies for unauthorised sewage discharges.

Broader Implications

The ruling has been hailed as a victory by environmental groups and legal experts. It sets an important precedent for legal challenges against water companies over wastewater pollution. The case highlights the responsibility of utility companies for their environmental impact and strengthens the rights of individuals and organisations to seek redress through private law claims.

The decision comes at a time when water companies in the UK are under intense scrutiny for waste discharges and are facing significant financial pressures. The increased potential for legal action could force these companies to improve their waste management practices and reduce pollution.

The Ongoing Battle Against Sewage Pollution

Unfortunately, despite awareness and efforts, sewage pollution remains a global problem. The recent UK Supreme Court decision in the Manchester Ship Canal case offers hope that legal mechanisms can bring about meaningful change. By holding polluters to account, we can encourage better environmental practices and protect our precious water resources.

Manchester Ship Canal Company Ltd v United Utilities Water Ltd reinforces the potential of private law claims to address environmental damage and sets a precedent for future legal action against sewage pollution. As we continue to face environmental challenges, such judgments remind us of the power of the law to effect change and protect our natural resources. Perhaps one day there will be a little 13-year-old girl doing a science project on how much water quality has improved over the years.

Thank you for joining me for this edition of the Legal Wednesday newsletter. Subscribe to Legal Wednesdays to continue to explore critical legal issues affecting our environment and society.

Warm regards,

Léa

Sources:

The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2 (The Supreme Court, 2 July 2024) https://www.supremecourt.uk/cases/uksc-2022-0121.html

Gill V, Stallard E and England R, ‘Sewage Entered Rivers and Seas on Average 825 Times a Day Last Year’ BBC (31 March 2023) <https://www.bbc.com/news/science-environment-65099906>

Jones L and Jack S, ‘“Floodgates Open” for Legal Action against Water Firms’ BBC Business (4 July 2024) https://www.msn.com/en-us/news/world/floodgates-open-for-legal-action-against-water-firms/ar-BB1pl2t8

Weimann E MD, ‘Blue Flag Beaches-Bathers at Risk for Thalassogenic Diseases’ (2014) 5 Journal of Environment and Ecology 38

Photo in cover by insung yoon on Unsplash