Wild Justice v Water Services Regulation Authority

The claimant is an environmental NGO which sought permission to apply for judicial review of alleged failures by the defendant (“Ofwat”) to discharge its obligations concerning the responsibilities of sewerage companies under the Urban Waste Water Treatment (England and Wales) Regulations 1994. The High Court (Bourne J) held that Ofwat was taking investigation and enforcement steps in respect of sewerage companies concerning their responsibilities under the Regulations, and that the Claimant’s case that it was taking “an entirely passive stance” was not arguable. Nor was it arguable that Ofwat had misdirected itself in law as to the relevance of data from the Environment Agency concerning sewerage companies’ compliance with their environmental permits. Permission to apply for judicial review was refused.

The judgment is available here. 

Hanif Mussa KC and Natasha Simonsen acted for the defendant, Ofwat.