State duties regarding environmental management plans for water bodies clarified (Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery Association)
Environment analysis The Court of Appeal upheld the High Court’s decision, ruling that the Secretary of State for Environment, Food and Rural Affairs (SSEFRA) had made an error of law in interpreting the Water Framework Directive (WFD) and the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (WFDR 2017). In the judicial review proceedings, the High Court had quashed SSEFRA’s decision to approve a River Basement Management Plan (RBMP) based on that error of law. In particular, the Court of Appeal confirmed that programmes of measures (PoMs) (which are summarised in RBMPs, and which members of the public are entitled to request copies of) must include specific actions for each individual water body to achieve environmental objectives. The court rejected the argument that PoMs could be generic and only high-level, emphasising that measures must be tailored to each water body to ensure compliance with the WFD. Written by Sarah Ellington, partner at Watson Farley & Williams LLP.