What’s the Story?

Sellafield plan to abstract and dispose of 40 cubic metres an hour of contaminated water into the Rivers Calder and Ehen directly (via the Calder Interceptor Sewer) and indirectly  (via groundwater and run off) for the next seven years.

Legal Challenge

A legal challenge by nuclear safety volunteer group, Lakes Against Nuclear Dump with the help of top environmental lawyers, Leigh Day is threatened against the Environment Agency’s rubber-stamping of this abstraction and disposal of polluted water for the purpose of dewatering to aid construction of the Box Encapsulation Plant Project (BEPPS2) at Sellafield.  

 Aquifer “Downgraded by longterm/permanent degradation of water quality” by Sellafield.

No one begrudges Sellafield repackaging leaking nuclear wastes from the Magnox silos but this should not be at the further expense of Cumbria’s rivers, groundwaters and even the primary and secondary acquifers in the region which the industry says have already been “downgraded by long-term / permanent degradation of water quality by the wider Sellafield works.  The industry say that the aquifer “is not abstracted locally” in justification of having already polluted a major and increasingly important freshwater resource.   Meanwhile the industry calls itself “clean”

Abuse of the beautiful River Calder

The lower reaches of the river Calder were straightened and canalised in the late 60s- early 1970s in order to accommodate more buildings on the Sellafield site and faster ‘disposal’ of contaminated run-off from the nuclear site.  Buildings containing dangerous nuclear materials have even been erected on the original braided river bed.

This vintage photo shows Sellafield before the river Calder was straightened - the ecologically important gravel beds of braided rivers are clearly showing.  The vibrant wildlife of the coastal reaches of the river Calder is still within living memory  “the salmon were so prolific.. you could almost walk on them” “before they straightened it and cleared the banks of foliage you could watch dippers feeding and a kingfisher.”

Why are we raising funds? 

We are aiming to give the rivers Calder and Ehen a voice.  A voice which has so far been ignored despite all the abuses by the nuclear industry in West Cumbria.

Although Leigh Day have generously agreed to do this at much reduced rates, we still need to raise funds in order to challenge this outrageous plan to accelerate disposal of radioactively contaminated and polluted construction wastes to the rivers Calder and Ehen.  

All monies raised will go directly to the legal case in order to cover our legal team’s costs, court fees and adverse costs if the case is unsuccessful.

Every donation will go directly towards challenging the plan.

More Information

 River Calder: 

 “Globally, braided rivers are rare. They occur only where a very specific combination of climate and geology allows rivers to form ever-changing and highly dynamic ‘braided’ channels across a wide gravelly riverbed”.   The river Calder rises at Lankrigg Moss and travels an ancient landscape under the oldest packhorse bridge until it reaches Sellafield where the river’s once widespread braids spread over a fertile coastal plain have been built over and canalised.   Now Sellafield wants absolute free rein to further pollute the much abused Calder which meets with the equally important River Ehen at the Irish Sea.

River Ehen: 

“The river Ehen is incredibly special as 90% of England’s Freshwater Pearl Mussels call it home. As the country’s last stronghold for this critically endangered species, it is designated as a Special Area of Conservation (SAC) and a Site of Special Scientific Interest (SSSI). Mussels in the Ehen are entirely dependent on the local salmon population in order to reproduce and, with Atlantic salmon an endangered species, this is another reason for the river’s SAC status.”  West Cumbria Rivers Trust

PROPOSED GROUNDS OF CHALLENGE

GROUNDS 1 and 2: 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 and/or 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)

Sellafield confirmed to the Environment Agency that the “general groundwater flow in the sandstone is to the southwest towards the river Ehen based on groundwater level monitoring”. The river Ehen is the site of the

River Ehen Special Area of Conservation, which was designated as such due to the presence of Freshwater pearl mussel and Atlantic Salmon. 

Ground 3: Failure to comply with Regulation 3 of the Water Environment (Water

Framework Directive) (England and Wales) Regulations 2017

When determining an application for a water abstraction license

the EA must determine that authorisation so as “to prevent deterioration of the

surface water status or groundwater status of a body of water”.

GROUND 4: Failure to provide lawful reasons

The Reasons provide no explanation whatsoever as to what steps the EA has undertaken to ensure that, in taking the Decision, it was compliant with

the range of important statutory obligations placed upon it

 
The Pre-Action letter sent on the 5th August contemplates a judicial review challenge to the legality of the Decision. 

Thank You!

If you can donate a small amount that would be amazing but if you cannot please share to raise awareness of what is going on with the contamination of our unique and special rivers on the Lake District coast and give our rivers a voice

All donations will go direct to giving our rivers a voice.