The legal case seeks to compel the Government to rewrite its Storm Overflows Discharge Reduction Plan 2022, impose tighter deadlines on water companies and redevelop the Plan to effectively apply to coastal waters which are, currently, almost entirely excluded.

Sandy Luk, Marine Conservation Society CEO, said: “Untreated sewage is being pumped into our seas for hundreds of thousands of hours each year; putting people, planet and wildlife at risk. We’ve tried tirelessly to influence the UK Government on what needs to be done, but their plan to address this deluge of pollution entering our seas is still unacceptable. We owe it to our members, supporters and coastal communities to act, which is why we’ve joined as co-claimants on this case. We’re out of options. Our seas deserve better.”

Launched and funded by the Good Law Project, the Marine Conservation Society will stand as co-claimants on the case with Richard Haward’s Oysters, and surfer and activist, Hugo Tagholm. Before reaching this point, the charity responded to a government consultation in March 2022 and met with DEFRA to express concern. In August 2022, the charity wrote an open letter to DEFRA outlining the ways in which the proposed Storm Overflow Discharge Reduction Plan fails to protect the environment and public health from dumping raw sewage into the sea. However, the Plan hasn’t been amended and still fails to adequately address water companies’ excessive reliance on storm overflows and the harm their heavy use causes to our ocean.

The plan virtually excludes most coastal waters (except for bathing waters) either directly or indirectly, with some types of Marine Protected Areas and shellfish waters totally excluded. 600 storm overflows are not covered at all by the Plan and will continue to – completely legally – be able to dump uncontrolled amounts of sewage directly into English seas and beaches. What’s more, the Plan lacks all urgency – with long-term targets set for 2050, and the earliest, most urgent targets not to be met until 2035.

Meanwhile, Marine Conservation Society analysis finds that raw sewage is pouring into the ocean at an alarming rate. In total, there are at least 1,651 storm overflows within 1km of a Marine Protected Area (MPA) in England. These overflows spilt untreated sewage 41,068 times in 2021. Of these, almost half the overflows spilt more than 10 times in 2021, with an average of 48 spills for each of those overflows. Overall, in 2021, sewage poured into Marine Protected Areas for a total of 263,654 hours.

According to DEFRA’s own latest assessments, only 19% of estuaries and and 45% of coastal waters are at ‘good ecological status’, with none meeting ‘good chemical status’, and three quarters (75%) of shellfish waters failing to meet water quality standards.

Rachel Wyatt, policy and advocacy manager for Clean Seas at the Marine Conservation Society, commented: “Untreated sewage contains a cocktail of bacteria, viruses, harmful chemicals, and microplastics. It’s nearly impossible to remove microplastics and ‘forever chemicals’ once in the environment. Due to their persistence, with every discharge, these pollutants will continue to increase, meaning eventually they will pass – or may have already passed – a threshold of harm.”